California's
hands-free cell phone law went into effect on July 1, 2008.
Under that law, drivers are prohibited from using handheld
wireless telephones while driving, unless the device allows for
hands-free listening and talking. (See May 30th Compliance Matters.)
Effective January 1, 2009, this law has been expanded to include prohibitions on text messaging and e-mailing while driving.
The
new law makes it illegal to drive a motor vehicle while using an
electronic wireless communications device such as a Blackberry or cell
phone to write, send or read a text message, e-mail or instant message.
There is one notable exception to the new ban. A driver will not
be deemed to be "writing, reading or sending a text-based
communication" in violation of the law where the driver is simply
reading, selecting or entering a phone number or name in a device in
order to make or receive a phone call.
The
new law imposes a $20 fine for the first violation and a $50 fine for
subsequent violations. These are the same penalties specified in
the cell phone law.
While
the new law does not impose any specific requirements on California
employers, we have recommended that employers implement a written
policy prohibiting employees from using a cell phone while driving to
conduct company business, unless the employee utilizes a hands-free
device.
In
light of the new law, employers ought to consider expanding that policy
to include texting and other prohibited conduct as well. In
addition, the policy should contain language stating that the employee,
not the employer, is responsible for any citations for violating the
new law.
Managers
should be trained on these new requirements. As agents of their
employer, managers and supervisors must avoid giving employees any
directive which is at odds with the new law. If a manager or
supervisor urges an employee to violate the new law, the employer could
face claims from third parties who are injured by an employee
violated the law, or from employees who are cited for violated the law
or who are fired as a result.
Your
contact at the Firm is ready to be of assistance if you have any
questions regarding this new law or you need assistance in writing or
revising a policy on this subject.
For more information, call us today at (818) 508-3700,
or visit us on the web, at www.brgslaw.com.
Sincerely,
Richard S. Rosenberg
Partner
BRG&S,
LLP
