Question #5/ Hands Free Cell Phones for Officers?

Question;
This Morning while driving to work, I witness one of the Rancho Cordova officers was talking on a hand held cell phone. I was gettinng off the Zinfindel exit off of 50. He was on it the whole time while I was exiting and waiting at the light. He turned onto Zinfindel towards Folsom while talking on the hand-held cell phone. I was unable to see the license plate or car number. I understand the new law, but don't you think your officers should be leading by example? What does that tell your average citizen or a child, that the police are above the law? Doesn't the Rancho Cordova dept have funds to assist officers who can't afford hands free devices? Please stress to your officers, the importance of leading by example.

Thank you, Patrick

Answer;

Thank you for your concerns regarding this matter.

First, none of our officers feel they are above the new cell phone Law and they take their jobs very seriously. As you will see below the law exempts all law enforcement officers from this restriction as do many other laws related to driving while responding to emergencies.

An example of this is when our officers need to respond in a “code3” status (lights and sirens), while maintaining the due regard of safety for others; they will drive much faster than the speed limit and often need to drive through stop signs and red lights.

If you were not aware the new law does not affect Law Enforcement Officers from using there cell phones without a hands free device; "Operators of an authorized emergency vehicle during the course of employment are exempt as are those motorists operating a vehicle on private property." CVC 23123

Here is the entire verbiage from the vehicle code.

“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.”

Even though Law Enforcement is exempt from this new law, we are waiting for the arrival of hands free devices for all of our officers to use while on-duty. This process will take some time, however due to the large numbers of devices we need and the cost of these devices.