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Dial away
By Nathan Key, Nws-Topic Managing EditorContrary to a circulating e-mail and various Web site postings, there is not a law set to take effect in North Carolina that prohibits the use of handheld cellular telephones while driving. The subject of the e-mail is titled “New N.C. Wireless Telephone Laws take effect 7-1-2008,” and several Web sites, including localracechat.com, are touting the changes. There is a thorough list of frequently asked questions about the law, its enforcement and punishment listed. Questions asked include, “When do the new wireless telephone laws take effect?” “What are the fines if I'm convicted?” and “Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?” In all 24 questions are asked, 12 for drivers older than 18, and 12 more for drivers 18 or younger. North Carolina Highway Patrol Sgt. C.D. Berry, the traffic safety information officer for Troop F headquartered in Newton, said he has seen the e-mail that has circulated. While there are some similarities to N.C. legislation, it does not apply. “It told the do's, the don't's and the fines; everything sounds good,” Berry said. “But it doesn't match our law.” First Sgt. V.A. Misenheimer said the NCHP has been advised about the e-mails and Web sites. “It's bogus,” Misenheimer said. “It's a rumor that has been spreading around. The only way it would happen is if the legislature addressed it in the short session.” Joseph Dugdale, general counsel for the N.C. Highway Patrol, sent memos to all the agency's field offices, informing them that there is no such law in North Carolina. “Someone has taken this law, which actually has been passed in California, and started circulating the e-mail as a law for North Carolina,” Dugdale. “It's just not true, It seems (the e-mail) has taken on a life of its own.” According to the N.C. General Assembly's Web site, there has been no new law enacted concerning cell phone use while driving. In fact, the only state law prohibiting the use of cell phones while driving involves those drivers younger than 18 years of age. A law that went into effect in December 2006, General Statute 20-137.3 makes the use of a mobile phone unlawful for a person less than 18 years of age who holds a provisional license while driving a motor vehicle on a public street or highway or public vehicular area. There are exceptions outlined in that statute. The use of the mobile phone while a vehicle is in motion is OK for the purpose of communicating with any of the following in emergency situations: An emergency response operator; a hospital, physician's office or health clinic; a public or privately owned ambulance company or service; a fire department or a law enforcement agency. It also is OK to contact the vehicle operator's parent, legal guardian or spouse by cell phone while the vehicle is in motion. School and activity bus drivers also are not allowed to use a handheld cellular telephone while driving a bus, according to G.S. 20-137.4 It appears that the law pertaining to cell phone use may have roots in California. The Web site and e-mail that have been drawing attention make a reference to Vehicle Code (VC) 23123. An Internet search of that code brings up a link to the California Department of Motor Vehicles.
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