Didn't I say that 25 posts ago?

-s

Well I spoke with the CHP and it turns out that you can text while driving as the law does not specifically prohibit texting while driving. The officer told me that while not specifically addressed, one can be pulled over and cited.

Apparently the legislature will have to amend the current vehicle code. The sooner the better.

The one thing that might lead to more texting (seriously) is that a cop won't be able to see you using the phone if you have it below your side window (say, bottom of your steering wheel) in most situations. It's not about being safe, it's about not getting caught--and for *some* people, that will be tempting. I just wish the law had explicitly laid out more restrictions.

Rob DeFrees

The proper word is 'windscreen'.............gobsmacked you got it wrong.

While back one comment on here berated you for being a long post, to be true, you are a bit wordy but then so is MOI. It is always a pleasure to see the points you will make on any given subject.

No clue why drivers feel the need to do 100 things at the same time. The whole culture that states one has to chat with one and all, all of the time is insane. But then, am gobsmacked at how a drunk driver finds way home. Riding public transport sees drivers chatting on mobiles as well and they have many more folks to portect that a private motor.

In a driving situation (ideally)

You have both hands on the wheel, and both eyes on the road (as much as possible,) scanning not only forward, but also in a side to side manner, ---as well as being aware of what is behind you (mirrors.)

The whole idea of having less distraction (away) from looking out the front window of the car, (aka windshield,) has been addressed for decades with such things as
-putting as few gauges and applicances (stereo) out of the line of view (AND) simplifying the whole experience --including such things as 'heads up' displays which will reflect the vehicle ops onto the inside of the windshield.

I think what they're after (those intrusive automotive designers,) is for the operator to be able to focus as much attention as possible to, you know, stuff like OTHER drivers, where they're going, traffic, pedestrians, road hazards (you know, the usual...)

If I understand this correctly:
-Texting involves using one or both hands to type in messages using the keypad of a cel
--which means (simultaniously,) using both hands to type in the messages
AND
(okay, and here's the kicker, ready

wait for it, (I know this is going to be a shocker...)

LOOKING at the cel-device so you know what you're typing in...
--so you're not LOOKING at the road --you're LOOKING at your cel/text.

(am I wrong here? or are you folks using some sort of waaaaaaaay expensive 'voice activated,' texting cel?}

Now...
This leads to the obvious question:

I mean, even if the law (as stated,) has a loophole where 'texting,' is not included as 'being on a cel in a manner that warrants a ticket.'

-WHO in their right mind, is going to think it's safer (or even a good idea,) to TEXT while driving?
---when merely being on the cel (looking forward, talking into the phone and NOT looking down and typing into a cel to 'text,')
--Is distracting and dangerous enough as it is, --and led to this law being passed?

I mean, I don't know if there's a law against running around in a crowd with scissors or steak knives held at chest level with your shoelaces untied with your eyes closed either...
-But do you want to go doing that?,
--and do you want other people subjected to that as well?

This area (especially this time of year,) is even more dangerous to drive in because folks have their AC on, the windows up, and (usually) some sort of radio on half the time
--which means a severely diminished relationship to driving and traffic conditions...
(AND) According to both my insurance agents and attorneys who handle cases such as this: it's also one of the highest for 'bad driving.'

-And you guys really want to throw 'texting,' into the mix...
(like there's (seriously,) anything THAT important that you have to do text about it while driving...(one would think that if such was the case, pulling over and texting it would be required, --so you can focus on the conversation...)

that the law stating that the phone must be configured for hands free listening and talking, does not apply to texting. Texting is neither listening or talking, and since my phone is configured for handsfree I could be texting with it and still be abiding by the law.

Diablo

And then there is this, taken from the website I cited previously by Whitewater that reads:

Q: Am I allowed to use my wireless telephone hands free?
A: NO. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or text (emphasis my own) while driving in any manner, even hands free. EXCEPTION: Permitted in emergency situations to call police, fire or medical authorities. (VC §23124).

Well Ed it does appear that the CHP Q&A is a bit contradictory. I guess this is why I sought out the language found in VC 23123.

(a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

I'd be willing to bet that if someone "texting" will be cited in violation of said vehicle code.

On another note, I love how my throughly modern web browser with spell check recognizes "texting" as a mis-spelled word.

pedicab,
i'm not sure why i'm still posting on this thread, but from the link famous whitewater posted, the section on texting reads:
Q: Does the new “hands-free” law allow drivers 18 and over to text page while
driving?
A: The law does not specifically prohibit that, but an officer can pull over and issue a
citation to a driver of any age if, in the officer’s opinion, the driver was distracted and
not operating the vehicle safely. Text paging while driving is unsafe at any speed and is
strongly discouraged.

"not specifically prohibited"

Well, we shouldn't have to wait long for someone to challenge the texting angle in court. I hope "using" will be legally defined to include text messaging, but I've seen bigger boneheaded calls in a courtroom....

"Texting" is not permitted despite what some have posted. I took the following from the Q&A link posted by Whitewater, and it reads:

Q: Can I be pulled over by a law enforcement officer for using my handheld wireless
telephone?
A: YES. A law enforcement officer can pull you over just for this infraction.

And to make life even that much more fun, here is another link that some posters might find helpful.
http://www.dmv.ca.gov/pubs/vctop/d11/vc23123.htm

23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

So, as I read it, if you are using your "wireless telephone" and it is not "configured to allow hands-free listening and talking" you are in violation of the law as it is written. So, hold your cell phone to write/send/receive a text message and you will be cited. Of course you can ask a cop and see what they say. (I did that a couple of weeks ago and guess what he said?) Of course, if you want to get around the law all one needs to do is ride a bicycle.

Considering how many people have pulled out in front of me, nor nearly ran over my hood (while driving a lifted SUV -no signal- and on a cel?) --this is a great law.

-A hands free set is available for almost next to nothing, (just an 'ear-bud,' works.)

and texting would probably be considered 'cel phone use,' as you're using both hands (meaning not two hands on wheel of car,) and eyes are off of roadway.

-Funniest thing I saw the other night on the way home?

A CHP officer stopped on his BMW (motorcycle) sitting there in traffic waiting at the light...

TEXTING...

(maybe he was running somebody's plate or something... dunno.)

If the police think whatever you are doing in the car is distracting, they can pull you over even if it is not explicitly listed under a law such as reading a book, shaving etc.
I do think talking on the phone does distract you and makes you less safe while driving. I think that is true for talking on a hands-free device as well as a hand held phone. It is much more distracting and uses more of your brain then listening to the radio while driving ( sorry Joe Moore). They should ban all talking on the phone by the driver.

...11 posts ago?

>adarga is right, the law allows for texting.

-s

adarga is right, the law allows for texting.

You can legally: (assuming you're not driving recklessly)
eat a burger
drink a soda
text
scroll through your iPod
be distracted by talking on your wireless headset
talk on speaker phone
But if you hold the phone to your ear, then you are in trouble.

Since y'all seem to have questions.

http://www.chp.ca.gov/pdf/media/cell_phone_faq.pdf

Common sense would say testing is worse than holding a phone to your ear. But the new law doesn't address texting at all.

Actually I think texting isn't covered in this law.

I'm pretty sure text messaging is covered by this law. I love seeing some scro driving around looking at their cellphone trying to type a message that says something like, OMG I B THUR IN 5 MIN C U SOON UR COOL LOL :), makes me kind of want to run them off the road.

The point of the law as implemented is to increase law enforcement revenue. For the conspiracy theorists amongst you, maybe this was done to boost bluetooth/wireless accessory sales (I'm half-joking here). I mean, it doesn't say anything about texting. It's a blatant money grab, and I have real doubts as to what impact (if any) it will have on cell phone related accidents.

for all you people who think you're so great at driving and doing a million other things at once, i would guess the one thing you're not doing is checking your rear view mirrors to see the wake of burning death and destruction you leave behind in your oblivious rampage.

I believe that there wasn't any reason to banned a cell phone while driving. What was the point of this madness? I never had a problem talking on the phone while driving and at the same time. I'm more scared of those people who use sign language while driving. What are they going to do? banned that to? I don't think so...!

i tend to drive while, putting on make-up, changing my clothes, eating a sandwich, shaving my legs, yes, shaving my legs, holding my dog, and talking on the phone.
i spend 35% of my day in the car and i have become accustomed to multi-tasking.
i'm good at driving with my knee while applying mascara and gossiping on the celly. i have great peripheral vision. AND i'm a cougar, stormwysper.
i'm a good driver, its the other guys you have to worry about.
but i cant figure out why no one wants to drive with me; i've only had 7 speeding tickets in the past 9 years!
and of all the accidents i was in only 1 was my fault!

That doesn't work with my Tilt. I've tried.

The law says you can't hold a cell phone to your head while driving, so, just send text messages while you drive instead...

-s

The law makes provisions for emergency situations.

Maybe it was only 14 deaths, but I wonder how many injuries?

I don't think this has to do with deaths, but safe driving in general. I don't know how many soccer moms/ cougars I've seen doing 15 mph less than the speed limit due to them gossiping on their cellphone.

The more I think about it, I don't think the headset only option will be any better. People are still distracted.

California is banning everything else, don't give them any ideas Anti.

the new reported that there was around 14 deaths in a year for the state of California caused but people chatting on a cell phone and driving, but there are hundreds to thousands of people dieing from drowning, yet water it still not banned.

ever since cell phones got more popular since the mid 1990s my rule has always been to never use it to chat while driving, only for emergency and getting directions. But since there are now navigators in cars, the only reason to use a phone should be for emergency's. I wonder if that cell phone law will allow for a emergency call with out the use of a hands free, head set or speaker.

When are they going to make laws for the USA Flag, like make it illegal to sell or import USA flags made out side of the USA, in to the USA. Or are those Made in China flags they are selling for the 4th of July for Burning, don't you think the USA is in a sad state since this forth many Fireworks and Flags will be MADE IN CHINA, China Owns the USA.

I may buy a bluetooth headset one day, as sometimes I'm on the computer and the phone either at home or work. But I'm not freaking out and running to Best Buy or whatever to buy a new headset. I just won't take calls in my car, or pull over if I need to.

The main distraction cell phones provide isn't in holding it or dialing; it's the conversation itself. I wonder how insurance claims and court cases will change because of the new law. I wouldn't want to have to convince an insurance company (that had evidence I was on the phone at the time of an accident) that I was indeed lawfully using it handsfree. I think I'll continue to stay off the phone while driving.