Everyone should be aware that, as of June 10th, it will be a primary offense to use your cell phone while driving unless you are using a "hands free" system. In other words, if a police officer observes you using your cell phone in the traditional manner you may receive a citation.
The penalty is $124.
Here is the part of the law most applicable to our situation:
"A person may not operate a moving motor vehicle while using a wireless communications device. A person operating a moving motor vehicle who, by means of an electronic wireless communications device, (other than a voice-activated global positioning or navigation system that is permanently affixed to the vehicle) sends, reads, or writes a text message, is guilty of a traffic infraction. A person does not send, read, or write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call."
Although the final interpretation and application of the law will be made by judges around the state, the Washington State Patrol has offered the following guidelines. NOTE: These guidelines are subject to change at any time and without notice.
1. If you have a phone near your ear you are in violation of the law and you will be cited.
2. You are not "likely" to be cited if you are using a hands free phone or speaker phone so long as it is not near your ear.
3. Texting and driving will result in a citation.
4. If you are using your phone or a GPS device, and you appear distracted, you will be cited.
5. If you are surfing the web you will be cited.
6. Dialing a phone number is not "likely" to result in a citation unless it appears you are distracted.
I use a bluetooth ear piece. It gets a little uncomfortable after a while but better that than a $124 fine.
Robin Mullins May 29th, 2010 10:49:05 AM
If you wear hearing aids such as me it is legal to have the phone to your ear. That is my understanding.
Paul
Paul, you are correct. The new law exempts people who drive while using a hearing aid. Here is a list of exemptions as copied from the RCW:
(1) Except as provided in subsections (2) and (3) of this section, a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction.
(2) Subsection (1) of this section does not apply to a person operating:
(a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle;
(b) A moving motor vehicle using a wireless communications device in hands-free mode;
(c) A moving motor vehicle using a hand-held wireless communications device to:
(i) Report illegal activity;
(ii) Summon medical or other emergency help;
(iii) Prevent injury to a person or property; or
(iv) Relay information that is time sensitive between a transit or 4 for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle;
(d) A moving motor vehicle while using a hearing aid.
(3) Subsection (1) of this section does not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission.


