The BP Blast!: A California Employment Law Blog

CALIFORNIA BANS "TEXTING" BEHIND THE WHEEL

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." 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.)
What about using 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."

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 prohibits employees from using cell phone or PDAs while driving. At a minimum, employers should require 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.