“Texting while driving is a frighteningly common occurrence, especially among younger drivers.”
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WORKPLACE POLICIES UPDATE
California Bans “Texting”
Behind the Wheel
California Employers Should
Update Personnel Policies
By Christopher W. Olmsted
California has banned text messaging while driving, and employers need to respond promptly by updating policies.
SB 28, signed by Governor Schwarzenegger on September 24, 2008, amends the California Vehicle Code to state: “A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.”
What about fumbling with your PDA’s phone directory to dial out a call? That doesn’t count as texting under the new law: “For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.”
The full text of the law can be found here: California texting ban.
The penalty for violating the law is $20 for the first violation and $50 for subsequent violations. No violation points will be given as a result of the offense.
The new law closes a loophole left by Senate Bill 1613 (Summarized here). Effective July 1, 2008, that new law provides that it is illegal to drive a motor vehicle while using a wireless telephone, unless a hands-free device for the cell phone is used. But the law did not expressly ban texting. (Separate legislation has already banned drivers under age 18 from using cell phones or any texting device while driving.)
California joins Alaska, Minnesota, New Jersey, Louisiana, Washington and the District of Columbia, where legislators have also recently enacted laws that ban sending text messages while driving. At least a dozen other states are currently considering such a ban.
Texting while driving is a frighteningly common occurrence, especially among younger drivers. According to a survey conducted by Findlaw.com, 47 percent of drivers between the ages of 18 and 24, and more than a quarter (27 percent) of drivers 25 to 34, admit to texting while behind the wheel. Seventeen percent of adults surveyed say they have texted while driving.
Studies suggest that texting while driving is more dangerous than driving under the influence of alcohol or drugs. And certainly Californians will recall the recent horrific Amtrak train accident in Los Angeles, where the latest reports suggest that the train engineer was texting just seconds before hitting a freight train.
The California Highway Patrol reports that statewide last year, 1,091 crashes with 447 injuries were blamed on drivers using cell phones. In accident cases, lawyers may argue that an employer is liable where an off-duty employee makes or answers a business-related call, or sends a business text message while driving.
Have you updated your employee handbooks? In order to minimize liability issues arising from employees using cell phones, PDAs, or other electronic communication devices on the road while in the course and scope of employment or while taking work-related calls, employers should implement a policy that requires all employees to refrain from texting and to use “hands free” devices while driving on company business or when making business calls on the road. Better yet, employees could be prohibited from using cell phones or PDAs while driving.
Contact Chris Olmsted (cwo@ barkerolmsted.com) for a complimentary sample policy.
More Legal Update articles.
Download entire October Legal Update in PDF format.
This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2008 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.
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