Ron_H

This won't affect anyone except the fortunate few who reside in or pass through California. It sets new standards for absurdity by that rare species of animal known as "governmentis absurditis idiota". It is comforting to know that someone is making such good use of the tax dollars of this state rather than wasting them on such foolish programs as driver education or education of any kind. Read on and be amazed:

Passed Senate
Girlfriends, wives, children, business associates illegal to talk to in moving vehicle, no more car radios either etc.

Section 23123 is added to the Vehicle Code, to read:
23123. (a) A person shall not operate a vehicle in an unsafe
manner that results from engaging in a distracting activity while
driving. A violation of this section shall be punished as follows:
(1) For a first offense, by a fine of thirty-five
dollars ($35).
(2) For a second or subsequent offense that occurs within two
years of a prior conviction for a violation of this section, by
a fine of one hundred fifty dollars ($150).
(b) For the purposes of this section, a "distracting activity" is
any of the following:
(1) Using or adjusting a wireless telephone, regardless of whether
the telephone is specifically designed and configured to allow
hands-free operation.
(2) Using or adjusting a personal electronic device, including,
but not limited to, a personal digital assistant.
(3) Adjusting the controls of an audio or other entertainment
device.
(4) Adjusting or manipulating the controls of an information
system device.
(5) Smoking.
(6) Eating or drinking.
(7) Interacting with children, animals, passengers, or objects in
the vehicle.
(8) Performing personal grooming or personal hygiene activities.
(9) Reading or writing.
(c) A law enforcement officer shall not stop a vehicle when a
driver is engaging in a distracting activity while driving, unless
the officer observes that the vehicle is being operated in an unsafe
manner.
(d) This section does not apply to an emergency services
professional using a wireless telephone or other electronic device in
the course and scope of his or her duties while operating an
authorized emergency vehicle or an emergency vehicle providing
emergency road service or roadside assistance.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

Jim_H

(c) A law enforcement officer shall not stop a vehicle when a
driver is engaging in a distracting activity while driving, unless
the officer observes that the vehicle is being operated in an unsafe
manner.


I like it

jserio

So then it is not okay for women to apply their make up in the car while it is moving but can't get pulled over because that time a cop did see her she did not happen to swerve. That make sense, RIGHT! Priorities are way out of whack.

Ron_H

Joe:

Thank you!

Jim_H

So you would-

A) Have them pull you over while on cell phone even though you are driving safely

B) Have them pull you over while on cell phone because it is apparent you can't do both at the same time

C) Can't pull you over regardless of how dangerous you are

Jim_H

"Passed Senate
Girlfriends, wives, children, business associates illegal to talk to in moving vehicle, no more car radios either etc."

Ron,

Couldn't find anything close to that statement.

Ron_H

(7) Interacting with children, animals, passengers, or objects in
the vehicle.

That spells Girlfriends, children, business associates, taxicab fares, and ANY other person or animal in the vehicle. Period. No talking to overactive children. No talking or communication with anyone else in the car. Is that clear???

Enforcement of this law is totally the subjective and emotional opinion and whim of the officer with NO defense against a citation for its violation. This breaks new ground for absurd legislation. Imagine a taxi driver that speaks to his "fare". Under this law, he CAN'T do it. He must first drive off of the road and cease operating his vehicle. If your children are being obnoxious you are to ignore them or stop the car....on the freeway. Mustn't ruffle their feathers eh?? No matter how urgent it is to communicate with them Read the law!!! And forget changing the station on your radio. That is verboten. Do it after you have stopped by the side of the road and ceased operation of the vehicle. I am reminded of a law in San Francisco that makes it a crime to spit on the sidewalk. Even if a bee flew into your mouth and is stinging you. Sheesh!! Get real.

If these laws are not opposed, they will become the basis for arbitrary stops and more insidious police intrusion into our lives. If you wish to join us please email: chad@hwysafety.com and he will furnish more specific ways to help defeat this nonsense.

Jim_H

Ron - Don't let the facts get in the way


(c) A law enforcement officer shall not stop a vehicle when a
driver is engaging in a distracting activity while driving, unless
the officer observes that the vehicle is being operated in an unsafe
manner.

jserio

I would not mind at all being pulled over for being on the cell phone. Not one bit. I hope people do get nailed on the phone including me. I avoid the phone as much as possible. I have signals for people who call me on the cell that are really important calls. Other then that I'm off it. What gets me is the ever important 17 - 18 yr olds on the phone and doing 70 - 80 mph. As I know some calls for anyone can be important but come on. Freedoms and Safety have 2 different meanings and should be seperate issues.

Ron_H

Jim:

I think it is understandable that an officer would stop anyone who truly was operating a vehicle in an unsafe manner. My point is that it is leaving the door open for almost any activity to trigger a stop for almost any reason whatsoever. Smokey will use this to stop and harass anyone. As it is he has enough reasons to stop anyone. This will just lead to abuses. He only needs to say you were tuning your radio or speaking to your wife or children while driving and you swerved once in what he thinks is an unsafe manner and you're toast. If he needs a to meet a quota, you're busted. And don't tell me they don't have quotas. BS.

Bernie

I know it looks bad from your angle but look at the "possible" upside to this new law.
It means that people can actually get cited for driving a Lincoln Navigator at a high rate of speed while on the cellphone AND putting makeup on at the same time.
This is no joke as I was almost killed in my Fiero by a woman who was so distracted that she failed to see the stopped traffic ahead of her. She squeeled to a stop a mere 12 inches from my bumper. I saw my life flash in front of my eyes!!
While it appears that it is possible there will be unsubstantiated pullovers, I have to hope that the officers will use this to get the seriously distracted off the cellphone!

Ron_H

Bernie:

OK, I'll give you that one. There are times of concern on the roads out there. Maybe they'll pick on the real hazards and leave us alone.

jserio

Funny guys, I was just talking to my friend back East who is a cop in Essex Cty New Jersey. This topic came up so we rapped on. He told me that they are not to interested in sports cars like Porsches and Ferraris so much anymore. The rice burners keep them busy enough. He said most of those exotic car drivers he comes across are driving pretty sane. And yes (to my extreme pleasure ) he tarkets women applying make up behind the wheel and youngster on cell phones. He drives an unmarked and he also said that take your average person who goes about a mile and in that mile they break at least a half dozen laws in the code book. So in essence the way it is set up now gives the police better reasons to pull someone over.
They always had ample reason to stop anyone.