Existing law prohibits a person from driving 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. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. A person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.

Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point. Existing law provides an exemption for the electronic device violations described above from being counted as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.

This bill would abolish that exemption, thereby making those violations subject to a violation point against the driver’s record.