MAKE A CALL WHILE DRIVING THE CAR..GET A TICKET THAT'S IT!

           Well, it’s the New Year and the somewhat controversial and really problematic new cell phone law has finally become fully operational.  Gone are the days where you can take care of business on your cell phone while driving or being stuck in traffic.  Public safety now outweighs the previous convenience of constant social and business communications.

            While most of you are no doubt aware of the law, here’s what it says:

1.         A person shall not manually type or enter text into any handheld wireless communications device, or send or read data, access or search the internet, send or engage in non-voice communications, electronic messaging or instant messaging with another person using such device while operating a motor vehicle on a highway in this State.

2.         These provisions do not apply where:

            a.         The handheld wireless communications device is used with an accessory that allows the person to communicate without using his or her hands such as the hands free ear pieces, blue tooth or the wireless voice-operated devices in the newer cars, global positioning or navigational systems affixed to the vehicle.                                             

            b.         An emergency responder is using his or her cell phone while on the job.

            c.         A law enforcement officer is using his or her cell phone while on the job.

            d.         A person is reporting an emergency, safety hazard or criminal activity.

            e.         A person is requesting medical assistance or assistance relating to a safety hazard or criminal activity.

            f.          A public utility employee or contractor is using his or her cell phone while responding to an emergency or power outage.

3.         Violation of this law is a misdemeanor. The first offense will bring a $50.00 fine.  The second offense within 7 years will bring a $100.00 fine. The third offense within 7 years will bring a $250.00 fine.

            So here’s something to think about.  Unless your business is a public utility or you are a medical provider/doctor, you as an employer may now be facing much greater exposure under a negligence per se claim if your employee should get in an accident while on the job, and he or she was using a cell phone in violation of this statute.  Moreover, it would behoove you to check with your insurance company to ascertain whether you have coverage for this situation.

            In addition, a policy provision should be drafted by you as the employer and distributed to each of your employees to sign.  Flangas McMillan Law Group will be glad to assist in drafting such a policy provision.