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 also generally provides that traffic convictions involving the safe operation of a motor vehicle 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, commencing January 1, 2021, would abolish that exemption and for violations occurring on or after January 1, 2021, and would expressly make those electronic device violations subject to a violation point against the driver’s record.

Existing law prohibits a person from driving a schoolbus or transit vehicle, as defined, while using a wireless telephone.

This bill would, commencing January 1, 2021, clarify that would make a violation of that prohibition is occurring on or after January 1, 2021, subject to a violation point against the driver’s record.