Important new laws affect you

From the Law Office of Beeson, Tayer & Bodine

Hands-Free Cell Phone Use

Starting July 1, 2008, California will join several other states by enforcing a new law restricting cell phone use while driving. The law creates two general prohibitions. First, it will be illegal to use a cell phone while driving unless it is used with a "hands-free" device. Second, drivers under the age of 18 are not allowed to use a cell phone while driving, regardless of whether a hands-free device is used. The law does not apply to passengers, only the driver.

Permissible hands-free devices for those 18 and over include "Blue Tooth" and other earpieces as long as one ear remains uncovered during use, and "speakerphone" features or devices. Text-messaging is not specifically prohibited by the new law, but the California Highway Patrol and other government agencies warn that drivers may be pulled over and subject to citation for unsafe driving in general. Dialing is not prohibited.

No grace period is built into the new law. Drivers 18 and over may be pulled over for this offense alone. Whether a citation is issued depends, as usual, upon the discretion of the law enforcement officer involved. According to the CHP, the "base" fine plus other penalty assessments amount to $76 for the first-time penalty and $190 for subsequent violations. The offense is reportable to the DMV but will not result in "points" on one's driving record. (Points may result in the suspension, probation, or revocation of a driver's license.)

Drivers under 18 may be pulled over for using a hand-held cell phone, but they may not be pulled over solely for using a hands-free cell phone. Use of a hands-free cell phone by drivers under 18 is considered a secondary offense for which they may be cited if they are pulled over for another offense.

The new law makes an exception for cell phone use during emergency situations, allowing any driver to make emergency phone calls to law enforcement agencies, medical providers, the fire department, and/or other emergency agencies.

Another notable exception is the use of "push-to-talk" features on twoway radios that do not require closeness to the user's ear on certain vehicles including "motor trucks" and "truck tractors" as defined in the Vehicle Code (this exception does not apply to pick-up trucks), tow trucks, and specified farm vehicles. Additional exceptions apply to those who operate a vehicle on private property and drivers of authorized emergency vehicles while on duty.

Existing law already prohibits transit drivers and drivers of school buses from using cell phones except in emergency situations.

Social Security Numbers on Itemized Wage Statements

Starting January 1, 2008, state law began to restrict the use of your Social Security Number on itemized wage statements. Employers are prohibited from putting your entire Social Security Number on itemized wage statements. Use of the last four digits of your Social Security Number or an employee identification number is permitted.