Texting while driving: everything you need to know about the new law

On New Year's Day, it will become illegal to text message while driving in California. You probably have a lot of questions about what precisely that means: Can you still use your BlackBerry to get directions while driving? What about checking Major League Baseball scores? Can you text while stuck in horrible traffic on the I-5?

The very patient Jaime Coffee, an information officer with the California Highway Patrol, has responded to our Twenty-plus Questions concerning just about every possible way the new law may be put to the test. Turns out you can't browse the Web while driving or text while sitting at a red light. But checking Major League Baseball scores or texting while riding a bicycle seem to be OK. Here's an edited transcript of our e-mail conversation with Coffee.

Q: Is it illegal to send an e-mail from your mobile device while driving?
A: Yes. Please refer to VC 23123.5 (b) (PDF download). As used in this section "write, send, or read a text-based communication" means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message or electronic mail.

Q: Is it illegal to browse the Web while driving?
A: Yes. Refer to VC 27602 (a). A person may not drive a motor vehicle if a television receiver, a video monitor or a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications, is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while driving the motor vehicle.

Q: Is it illegal to type directions into a digital map or GPS program on your phone while driving? 
A: No. The law does not say you can't type directions into a map or GPS program on your phone. 

Q: If you are texting a company or website, such as MLB.com, as opposed to a person, is it still illegal to text while driving?
A: Technically speaking ... if the text-based communication is not going to another "person" you're not in violation. The new law addresses two-way communication. However, we don't encourage or condone any activity that could place you in jeopardy or harm's way. If sending this message causes the driver to become distracted, and affects the safe operation of the vehicle, an officer can pull the driver over and cite for unsafe operation of a motor vehicle, etc.

Q: If you are stopped at a red light, can you text while sitting at the red light?
A: No, it's against the law. If you are stopped at a light or a stop sign, you are still in control of that vehicle and need to be able to react.

Q: If you are sitting in a traffic jam and your car is not moving, is it illegal to text while driving?
A: Yes, it is still illegal. Again, you are still in control of the vehicle and should focus 100% of your attention to its safe operation.

More questions and answers, including whether it's legal to text while parked, after the jump.

Q: If you have parked your car in a parking space, but the car is still running, are you allowed to text while driving?
A: Since you are legally parked, you can send your text.

Q: What about if the car is off? 
A: If the engine is off, you are no longer operating the vehicle. Hopefully you have pulled over and parked in a safe location.

Q: If you have pulled over to the side of the road but are not in a parking space, and the car is still running, is it illegal to text while driving?
A: Technically, if you were pull over to the side of the road you're not driving. As long as the vehicle is stopped in an area that is not prohibited. We recommend that you pick a safe place to stop -- for example, a parking lot -- and remember to never stop on the freeway.

Q: Is it illegal to read directions from your map or GPS program on your phone while driving?
A: No. However, we do not recommend that you do this.

Q: Is it illegal to type directions into a GPS device that is separate from a phone while driving?
A: No. Again, however, we do not encourage or recommend that you do this.

Q: Is it illegal to read texts that you receive while driving? 
A: Yes. Texting (composing, sending or reading) while operating a vehicle on public roadways is illegal.

Q: Is it illegal to read e-mails that you receive while driving?
A: Yes.

Q: Is it illegal to type in a phone number that you then call with your hands-free device?
A: No. You can still dial, and the new law doesn't prohibit you from dialing. However, as soon as you hit send, you must be hands-free. If you've got voice-activated dialing, it's even better.

Q: Is it illegal to text while driving a motorcycle or a bicycle?
A: A motorcycle has a motor, so it would be illegal to text while driving a motorcycle. A bike doesn't have a motor, therefore it is not illegal. But if you're riding a bicycle, you should be paying attention to your surroundings.

Q: If you have a service that allows you to recite text messages that are typed onto the phone by voice recognition software, is that illegal to use?
A: If you are using a hands-free device, that is using voice-recognition software ... technically you're hands-free, so you'd be OK.

Q: What if you have already composed the text messages but you just need to press send? 
A: Yes, it is still illegal to "send" the text regardless of when it was composed. So send it before you head out in your vehicle.

Q: Is it illegal to type a text message into a touch-screen device such as an iPhone?
A: Yes. Texting (composing, sending or reading) while operating a vehicle on public roadways is illegal, no matter what type of device you're using.

Q: Does the law pertain to devices with a QWERTY keyboard, rather than just a number screen? 
A: Yes. It applies to any electronic wireless communications device used to write, send or read a text-based communication. It's the distraction [of texting] the law is attempting to eliminate while you're driving.

Q: What are the penalties for texting while driving? 
A: They are similar to the cellphone law that went into effect July 1, 2008. The base fine for a first violation is $20; subsequent violations are $50. However, the total cost of the citation will be significantly higher than the base fine with the addition of local court costs and program fees. The exact penalty varies from county to county.

Q: If you get in an accident while texting while driving, are the penalties harsher?
A: The penalty for violating that law remains the same. However, if your texting contributed to the collision, the officer could charge you with a host of other violations including reckless driving, unsafe speed for conditions, etc. If the collision should involve bodily injury or great bodily injury, you could also be charged with violation of VC 21070, which includes an additional base fine of $70-$95 (plus penalties and assessments).

Still want to know more? A San Diego assistant district attorney has composed a 10-page outline of the law (PDF download) and what it means.

-- Alana Semuels

Top photo credit: Justin Sullivan / Getty Images.

Middle photo credit: Senor Codo via Flickr.

Bottom photo credit: Respres via Flickr.

Comments

[Mark Johnson]

This sounds like a ridiculous law. How can it be proven that you were sending a text message while driving? What are the laws around whether a cop is allow to snoop around your cell phone after they stop you?

[Liz R]

I'll tell you what sounds ridiculous to me: dying or causing the death of someone else because you think you are so special that you can text while driving without any ill consequence. You -- or the innocent person you harm-- may never live to learn that you are wrong. Leave the device in a jacket pocket or purse until you get where you are going. That way the no-texting law is very simple and does not apply to you (unless of course you are the victim of someone else's texting activity). The reason we have this law is because we don't want to be that victim.

[truelifedriver]

@ Mark Johnson:

I figure that the police officer can see you ducking and looking at your phone, and compare the timestamps on your phones message logs, with the timestamp on his in-car camera. If you're guilty there's no way around it. They'll have inattentive, disrespectful, morons by the stacking swivel. there won't be any room to blubber and you'll get the ticket you so richly deserve.

Also:
You'd only think this law is ridiculous if you were guilty of txting while driving. I'm tired of dodging people on the freeway who think piloting a 2 ton chunk of metal at 60+mph isn't as important as poorly typed messages to their equally vapid cohorts.

[Cindy]

Finally! I am so sick of getting behind teenage twits who don't know how to drive to begin with and start texting as soon as their bottoms hit the seat of the car. Are you so insecure that you cannot stand being alone for more than it takes to drive to 7-11?

And women who go shopping and talk on the phone incessantly, Give yourself some time with yourself, breathe, relax, shop, enjoy!

[TYU]

Well it looks like police officers, utilitiy companies and other "offical use" "officailly trained" people will be breaking the law. coming into the new year.
It is always do as i say not as i do.

[LAT should remove this]

How could the officer or driver proof he/she was not texting as oppose to scrolling to check the GPS map? I see a host of problems with this law... Good intention, but difficult to enforce

[N8]

Here's what I don't get: Why is it illegal to READ a TEXT message, but not illegal to READ a piece of PAPER? Or a map? If the point is to eliminate distractions, how is reading a text message more distracting than reading something other than a text message?

I believe the restriction on reading a text message should either be eliminated from the statute or be expanded to include other "texts."

[kai]

so let me ask you this, how is the officer going to tell from the seat of his car whether i was using my gps on my cell or texting
f'n ridiculous

[Nathan]

Mark-
How is this a ridiculous law? Do you drive a vehicle on any California roads or freeways. If you have, surely you have experienced a near miss with an inattentive text messager.

Unfortunately, people still choose to violate the law against using a handheld cell phone while driving. I have been seeing this a lot lately. Not really sure how these drivers are justifying themselves.

Enforcement may be difficult, but the law is hardly ridiculous. It attempts to address a significant safety issue on our California roads and freeways.

[joey]

1. just say you are entering a phone number. problem solved unless you are typing a thesis paper.

2. what happened to the days of responsibility? you crash when you are texting, you get hit with huge penalty.

what about eating and driving? using radio and driving? talking to friend and driving? jotting a note and driving? searching through wallet and driving? picking up something dropped on floor while driving? looking at face in mirror while driving? the list goes on and on. this is pure nonsense. you don't need laws for these things.

i don't understand who is generating these laws and what morality they are based on. is it just a fundraiser for the broke state of CA? I expect much more silliness like this as the recession goes on..

[Jeff]

This new law really has no impact on the people who are scoff-laws anyway. I still see people dozens of times a day holding a cell phone to their ear both in-town and on the freeway. It hasn't seemed to deter a lot of folks from talking on their phone. Heck, I've even had to grab my phone a couple times when the Blue Tooth stopped working to catch an important call or let someone know I was stuck on the 405 going nowhere.

Unless they are holding their phone in the air as shown in the photo in the article above, then how will this be enforceable anyway? Besides - it looks like that guy is taking a photo, and that doesn't seem to be a no-no. Yet.

[Femin - happy new Year 2009]

Think First - whether you life is presious or SMS.

Texting or calling while riding a vehicle is absolutly a bad habbit.You should also think about the poople who is walking nearby road.Careles Driving can cause trouble not only for you, but also for innocent people who walk nearby the road.

[jim ed]

I have my alter ego to deal with cellphone drivers.

When I see one, I just get in front of them, slow down, take a shoe off, and hold it up to my head, pretending I on a phone.

Then I just wait for them to call me Maximum Smartass.

That's when I say, "speaking".

[Stephanie]

I'm all for this law, except, it seems very silly when I'm stopped at a light or in traffic, and I mean fully stopped, which is about half an hour of my commute, i should be able to read my texts and write back to people. the car is fully stopped. I'm in no way driving...

[Joe DeGucci]

Lately people are looking down while texting/reading instead of texting/reading holding up while driving...THIS MAKES IT WORSE!

[Storm019]

No Texting? many prople are still driving with a cell phone to their ear at 70mph on the freeways, probably the somae ones that think the texting law is dumb. Haven't really noticed any differance since the other law took effect.

[Rayzorx]

I commute daily by motorcycle, and have been cut off numerous times by someone yacking on a cell phone, so I agree that it is not a safe practice while driving. And for the record, I'm not an officer.

Having said that, I think that this law is another stupid law, just like the no cell phone law that was passed a while back. I've seen no difference in the amount of people with a cell phone up to their ear while driving. If we are going to outlaw cell phones and texting while driving, then we need to also outlaw, eating, putting on makeup, reading books and news papers, and watching TV. I see akk if this on a daily basis while commuting.
And let's face it, without an increase in MC CHP officers on the road, most won't get a fine unless they have an accident. IMO, this law does nothing, and the fine is a joke.

You want a law that will get results? Raise the fine on crossing double yellow lines to $1500. Then maybe we can afford more patrol officers.

[John]

I just started using SayType, a service that provides handsfree texting, email and Internet services that quickly and accurately changes voice into text from any phone! This service provides other driving solutions that save me time and money everyday including: traffic and weather conditions, travel times, and turn-by-turn directions. I would recommend SayType to anyone.

[ron]

I for one think this is a good start. Now we just need to have these laws in every state. Saw a guy last week in rush hour traffic in Orlando,fl driving with his elbows, cause he was using both hands to talk on 2 cell phones. Good thing he was driving a company truck with the name and phone # cause I called and reported his stupid butt.

[mycall]

Here is a loophole they didn't think of. Use image-based messaging programs which communicate using icons, not text.

[Dmitriy]

If an officer can't see me holding my phone they can't pull me over and give me a ticket becaue they lack probable cause. In order for officer to chec your phone, an officer will need a warrant but can't get one because an officer do even have probable cause to pull you over. Very easy to get around this law as such i will text and driv, good luck giving me ticket cops.

[willowglenlover]

Can we legally use services such as MyCaption (http://www.mycaption.com) while on the road?

[Joe]

OK, so the State tells us how important it is not to divert attention from our driving and they institute laws, such as no texting, writing or reading, while driving. So, what do they do? They plaster "NO TEXTING WHILE DRIVING - IT'S THE LAW" on those big illuminated signs along the freeways. What do you have to do in order to read those things? Divert attention from your driving. Morons.

[Someone Who Is Actually Informed]

I love the ignorami that say that hands free and no texting is "going to save lives."

"The study concludes that that inattention blindness explains the researchers' widely publicized 2001 findings that users of hands-free and hand-held cell phones are equally impaired, missing more traffic signals and reacting to signals more slowly than motorists who do not use cell phones."
http://www.sciencedaily.com/releases/2003/01/030129080944.htm

“There’s a common misperception that hands-free phones are safer when the research clearly suggests that they they’re both equally risky,” said Arthur Goodwin, a researcher at the University of North Carolina Highway Safety Research Center.
http://articles.latimes.com/2008/mar/25/local/me-distract25

Reading a text is the same as a piece of paper. Writing a text is the same as jotting down a note. The only reason laws like these are passed is money. It makes money for Broadcomm (the guys who invented Bluetooth technology) and cell phone companies that make the little earphones. Since (most of) you are idiots and lemmings and sheep, I'm quite done here.

[Ray]

This is a dumb law. nothing but another way for the state to harass people and try to get in people's lives and dig for other dirt (drugs, open alcohol containers, etc. etc)
If you ever thought laws fix problems - just look at where drug laws have taken us. The ones who texed before will text again. However, this time they'll look around for cops first which will be another distraction from their main task - looking in front of them. So to all those who think this is a great law - think again.