California Senate Bill 1613
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Hands Free Driver
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California Cell Phone Law

Washington State Hands-Free Law

Hands-Free Driving Begins July 1, 2008.

Text Messaging Ban Begins January 1, 2008

Read "Hands Free Phones" or Email This Link

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Washington State Text-Messaging Ban

Washington State has two cell-phone related driving laws going into effect in 2008. The first one is EHB 1214 and takes effect on January 1st, 2008. EHB 1214 bans text messaging and makes it a traffic infraction; this is not a hands-free ordinance, but a complete ban on text messaging.

Like many of the other driving laws across the United States there are exceptions during emergency situations or for on-duty public safety personnel. This is a secondary enforcement law, which means that you will only receive a ticket if you have been pulled over for another driving violation. Like the hands-free violation, this infraction is not placed on your driving record or reportable to employers or insurance companies.

Washington State Hands-Free Driving Law

The other new Washington State driving law going into effect in 2008 is the hands-free law (ESSB 5037). This new hands-free cell-phone law prohibits the use of a wireless device such as a cell-phone being held to your ear while you are driving. Unlike the text messaging ban, you are allowed to use your cell-phone if the communication is made using hands-free device such as a bluetooth headset or wired headset.

You can use your cell-phone without a hands-free device if it is a emergency situation or if you are reporting illegal activity. ESSB 5037 does not apply to a person with a hearing aid. Like the text messaging ban above, the Washington State hands-free driving law is a secondary enforcement law. You will only receive a ticket for this if you are pulled over for the usual type of traffic violation such as speeding or running a stop sign. This violation will not go on your driving record and employers and insurance companies will receive no information regarding the violation.

Hands-free devices, such as bluetooth headsets and wired headsets are good choices for hands-free driving. Bluetooth wireless car kits are also a good option, but they are more expensive than the other two options. In my experience, the wired headsets are an excellent value for the hands-free experience. For a summary and pictures of the hands- free choices available please check out our article on "Being Hands-Free" on this website. We will explain all of your hands-free options and give you enough information to make an intelligent choice.

Exceptions to the New Washington State Hands-Free Law

We have had many inquires on exceptions to the new Washington State hands-free law. Most of these questions have been about the use of two-way radios. I have posted the exceptions and a link to the source document below.

The prohibition against operating a moving vehicle while holding a wireless communications device to one's ear does not apply to:

(1) a person operating an authorized emergency vehicle, or a tow truck driver responding to a disabled
vehicle;

(2) a person using a wireless communications device in hands-free mode;

(3) a person using the device to report illegal activity, summon emergency help, or prevent injury to a
person or property; or

(4) a person using a hearing aid. The prohibition against operating a moving vehicle while holding a wireless communications device to one's ear 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.

Source Document

Summary - Hands-Free & Text Messaging Ban

EHB 1214: Bans driving while text-messaging, starting in January 2008.

ESSB 5037: Bans driving while using a handheld cell phone without a hands-free device, starting in July 2008.

To Read the Full Text of the hands-free and text-messaging laws please see the legislation at the Washington State Website.

Washington State Drunk Driving Laws, Penalties & Fines


Hand's Free California