VC 23123 To 23123 5 Wireless Telephone

Keywords; ca vehicle code section 23123.
5 compliant cell phone mount
VEHICLE CODE - VEH

DIVISION 11. RULES OF THE ROAD [21000 - 23336]
( Division 11 enacted by Stats. 1959, Ch. 3. )

CHAPTER 12. Public Offenses [23100 - 23249.50]
( Chapter 12 enacted by Stats. 1959, Ch. 3. )

ARTICLE 1. Driving Offenses [23100 - 23135]

( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

23123.
(a) A person shall not drive 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.
(b) A violation of this section is an infraction punishable by a base fine
of twenty dollars ($20) for a first offense and fifty dollars ($50) for
each subsequent offense.
(c) This section does not apply to a person using a wireless telephone 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.
(d) This section does not apply to an emergency services professional
using a wireless telephone while operating an authorized emergency
vehicle, as defined in Section 165, in the course and scope of his or her
duties.
(e) This section does not apply to a person driving a schoolbus or transit
vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle
on private property.
(g) This section shall become operative on July 1, 2011.
(Amended (as added by Stats. 2006, Ch. 290, Sec. 5) by Stats. 2007, Ch.
214, Sec. 3. Effective January 1, 2008. Section operative July 1, 2011, by
its own provisions.)
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VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336]
( Division 11 enacted by Stats. 1959, Ch. 3. )

CHAPTER 12. Public Offenses [23100 - 23249.50]
( Chapter 12 enacted by Stats. 1959, Ch. 3. )

ARTICLE 1. Driving Offenses [23100 - 23135]

( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

23123.5.
(a) A person shall not drive a motor vehicle while holding and operating a
handheld wireless telephone or an electronic wireless communications
device unless the wireless telephone or electronic wireless communications
device is specifically designed and configured to allow voice-operated and
hands-free operation, and it is used in that manner while driving.
(b) This section shall not apply to manufacturer-installed systems that
are embedded in the vehicle.
(c) 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:
(1) The handheld wireless telephone or electronic wireless communications
device is mounted on a vehicle’s windshield in the same manner a portable
Global Positioning System (GPS) is mounted pursuant to paragraph (12) of
subdivision (b) of Section 26708 or is mounted on or affixed to a
vehicle’s dashboard or center console in a manner that does not hinder the
driver’s view of the road.
(2) The driver’s hand is used to activate or deactivate a feature or
function of the handheld wireless telephone or wireless communications
device with the motion of a single swipe or tap of the driver’s finger.
(d) A violation of this section is an infraction punishable by a base fine
of twenty dollars ($20) for a first offense and fifty dollars ($50) for
each subsequent offense.
(e) This section does not apply to an emergency services professional
using an electronic wireless communications device while operating an
authorized emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
(f) For the purposes of this section, “electronic wireless communications
device” includes, but is not limited to, a broadband personal
communication device, a handheld device or laptop computer with mobile
data access, or a pager.
(Amended by Stats. 2017, Ch. 297, Sec. 1. (AB 1222) Effective January 1,
2018.)
 Presumption:
o An operator of any motor vehicle who holds a mobile telephone
to, or in the immediate proximity of, his or her ear while
such vehicle is in motion is presumed to be engaging in a
call
o Rebuttable by evidence tending to show that the operator was
not engaged in a call
Driving a motor vehicle while holding and operating a handheld wireless

telephone citation, conviction overturned reversed, not guilty, officer
unable to distinguish between cell wireless telephone and other object
wallet

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Keywords; ca vehicle code section 23123.

5 compliant cell phone mount

VEHICLE CODE - VEH

ARTICLE 1. Driving Offenses [23100 - 23135]

ARTICLE 1. Driving Offenses [23100 - 23135]

Driving a motor vehicle while holding and operating a handheld wireless

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