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Quick Guide: What the Law Says About Texting and Driving
Omar Bernabe • January 30, 2023
We’ve probably all done it at some point or another. Coasting along behind the wheel when all of a sudden a faint notification chimes, prompting a quick reach for the phone to see who the new message is from. It feels like instinct, and it all sounds commonplace. However, this seemingly harmless act happens to be one of the most dangerous things a driver can do on the road. Considering the fact that a collision is three times more likely to happen when drivers are distracted, doing something as involving as checking texts while driving is hazardously negligent. So much so that California passed a law banning it in 2006.
According to the California Vehicle Code (CVC, Division 11, Chapter 12, Article 1, 23123 – 23125) it is illegal for people to drive while generally using handheld mobile devices. The California Office of Traffic Safety (OTS) estimates that up to 54% of drivers confess to either being hit or experiencing near misses with a driver who was texting or talking on the phone. What makes matters worse is that people easily underestimate just how much their attention is averted by using phones while driving. The OTS reports that spending a mere five seconds checking texts while traveling at the speed limit distracts a driver’s eyes long enough to cover the distance of an entire football field. Furthermore, every instance of text messaging subsequently induces a 27-second interval of distraction latency which is a period of contemplation ! predominantly focused on recent communication above anything else. All of this means that on average, at least half a minute is taken away from a driver’s concentration every time they check a text.
The specific language of the law outlines restrictions on texting and driving as follows:
- A person shall not drive a motor vehicle while using, holding or operating a handheld wireless telephone, or an electronic wireless communications device, unless said device is specifically designed and configured to allow voice-operated and hands-free listening and talking, and is used in that manner while driving (CVC 23123 – 23125).
- This does not apply to a person using a wireless mobile device for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity (CVC 23123 – 23125).
- A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:
- The device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted, or is affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.
- The driver’s hand is used to activate or deactivate a feature or function of the device with the motion of a single swipe or tap of the driver’s finger (CVC 23123 – 23125).
- Persons under the age of 18 years shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with hands-free accessories (CVC 23123 – 23125).
The only instance in which you should ever use a mobile device in a car is if you are contacting first responders for help in an emergency situation. If you absolutely must use your phone, pull over safely away from moving traffic, bring the vehicle to a complete stop and then proceed with your communication discretely. For more information on how Adriana’s Traffic School can help you stay safe on the road, give us a call at 1-888-309-4545.
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Think about the last time you planned a journey that involved driving. You probably prepared by answering the most obvious questions. What address is my destination? How long will the drive be? Should I expect any traffic? Should I grab some food along the way? We’re always careful to make sure that taking to the road is as quick and comfortable an experience as possible. But, there’s one important driving ritual we easily ignore even though we shouldn’t – parking. Parking is a process to consider seriously because it’s indispensable to any journey. It doesn’t matter where you’re going, or for how long, if you’re going to use a car you’ll need to park it somewhere in order to travel on foot. Not only can parking the wrong way eat into your time, it can also make you vulnerable to victimization if you aren’t careful to protect yourself or secure your vehicle. Here are twenty parking tips to consider the next time you plan to drive: While Approaching a Parking Area: Concentrate. Just because you’ve slowed down doesn’t mean you can ignore proper safety precautions. Be observant for speed bumps, traffic signs and pedestrians. Always adhere to posted speed limits. Choose a strategic parking spot. If you have a choice, park as close to your venue as possible in order to reduce how much time is spent leaving or approaching your vehicle. Long walking distances give potential attackers more time to stalk you. While Exiting Your Vehicle on Foot: Scan the area for threats or dangerous circumstances. If you notice anything that makes you feel unsafe, find somewhere better to park. Make a note of the surrounding parking regulations and general signage. They could contain critical information. Before exiting your vehicle, conceal any valuables or loose materials from view. Note that this doesn’t just apply to expensive possessions alone. Anything is worth breaking into your car for as long as a thief needs it. For example, a starving drifter wouldn’t hesitate to break into your vehicle if the backseat had bags of food in sight. Before exiting your vehicle, conceal any paperwork that may be on display. For example, identity thieves wouldn’t even need to break into your vehicle in order to take advantage of mail scattered on your seat. Lock your doors and roll up your windows. If you need help remembering exactly where you parked in a large lot of vehicles, use the camera on your mobile device to take a photo of the specific row or level you parked on before walking away from your vehicle. If you have a choice, wear comfortable walking shoes rather than heels. It may become necessary to hurry while on foot. While on foot, do not wear or use technology that impedes your senses. Avoid wearing headphones or looking at screens. Walk confidently and quickly. The less time spent on foot between your vehicle and your destination, the less vulnerable you are to assault. If you are travelling with others, walk in groups for greater visibility and safety. Give way to moving cars. Don’t just assume that drivers can see you even if you have the right of way. Always make sure that the coast is clear before crossing a vehicle’s path. While Returning to Your Vehicle on Foot: Scan the area for threats or dangerous circumstances. If you notice anything in the proximity of your vehicle that makes you feel unsafe, walk to the nearest security agent, or a more public area where you can ask for help. Do not wear or use technology that impedes your senses. Avoid wearing headphones or looking at screens. Walk confidently and quickly. The less time spent on foot between your vehicle and your destination, the less vulnerable you are to assault. Before re-entering your car, scan underneath the vehicle and the backseat as well to ensure nothing unusual is happening around your car. Make sure your keys are within reach so as not to waste time rummaging by your car. While Departing a Parking Area: If you were issued a returnable receipt in order to purchase parking, make sure you have it within reach before driving off to the exit. Waiting until the exact moment your receipt has to be submitted causes unnecessary traffic. Reverse with extreme caution. Take extreme care not to collide with pedestrians or other vehicles especially when leaving crowded venues. Be patient even though you might be in a hurry to leave. Parking isn’t rocket science. But that’s exactly why it shouldn’t be taken for granted because the easiest time to make a mistake in life is when you become complacent. For more information, visit any of our offices or give us a call at 1-888-309-4545 to find out how Adriana’s Traffic School can help you drive safely.
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