FAQs Cellular Phone Laws

Vehicle Code (VC) §23123
Prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle.

Vehicle Code (VC) §23124
Motorists 18 and over may use a hands-free device. Drivers under the age of 18 may NOT use a wireless telephone or hands-free device while operating a motor vehicle .

Vehicle Code (VC) §23123.5
Writing, sending, or reading a text-based communication while driving will be against the law for all drivers in California.

The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.

Contact Walnut Creek Traffic Court at (925) 608-1000 for further information due to fines vary and are set by the court.

No. The violation is a reportable offense. However, DMV will not assign a violation point.

Yes, but the violation point will not be added.

No. This law only applies to the person driving a motor vehicle.

Yes.

Yes. A law enforcement officer can pull you over just for this infraction.

No. The law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a “push-to-talk” feature.

Operators of an authorized emergency vehicle during the course of employment are exempt as are those motorists operating a vehicle on private property.

No. This law applies to electronic wireless communications devices used to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. Violating this law is punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. With the addition of penalty assessments, fines can be more than triple the base fine amount.

The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Yes, however you cannot have BOTH ears covered.

Yes.

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 while driving in any manner, even hands free. EXCEPTION: Permitted in emergency situations to call police, fire or medical authorities (VC §23124).

Statistics show that teen drivers are more likely than older drivers to be involved in crashes because they lack driving experience and tend to take greater risks. Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and talking or texting on wireless phones, which increase the chance of getting involved in serious vehicle crashes.

No. The only exception is an emergency situation that requires you to call a law enforcement agency, a health care provider, the fire department or other emergency agency entity.

Yes. The restriction applies to all licensed drivers who are under the age of 18.

No. You may only use your wireless telephone in an emergency situation.

No.

No. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.

No. For drivers under the age of 18, this is considered a SECONDARY violation meaning that a law enforcement officer may cite you for using a hands-free wireless phone if you were pulled over for another violation. However, the prohibition against using a handheld wireless telephone while driving is a PRIMARY violation for which a law enforcement officer can pull you over.