In the first few months after California's hands-free law went into effect one year ago today, Richard Sim was on the right side of the law.The 35-year-old marketing executive with Anchor Intelligence dutifully paired his Bluetooth wireless headset with his cell phone and made sure all his in-car calls were conducted hands-free. But in the months since then, Sim has lapsed into his old behavior, making and receiving calls with his cell fixed to his ear - at least until he sees a cop.
"When the law passed, I bought a Bluetooth headset and the intention was to always use it," said Sim of Foster City. "But the Bluetooth sometimes picks up the call, maybe it doesn't. Sometimes, it can be more dangerous to figure out your Bluetooth than just to pick up the phone."
California Highway Patrol citation statistics suggest that many drivers like Sim are returning to their old habit of holding their cell phone up to their ear. In July of 2008, the CHP recorded 7,779 citations for hands-free violations. The number remained relatively constant through the end of the year but then began climbing in 2009. In May, the last full month of statistics, the CHP issued 12,789 citations, a 64 percent increase over July 2008.
The CHP has also issued 375 tickets for juveniles driving while talking on the phone, which is always illegal regardless of the use of a headset. CHP spokeswoman Jaime Coffee said the CHP hasn't mounted any special operations or created any task forces since the hands-free law went into effect. Officers have just been citing drivers as they come across violations. So far, the CHP alone has issued 110,323 hands-free tickets.
"We're still writing an awful lot of tickets," said Coffee. "I don't know if people are forgetting it more or choosing to do it anyway." State Sen. Joe Simitian, D-Palo Alto, the author of the hands-free law, said reshaping personal habits can be challenging. But he believes the law is already having an effect on collisions and fatalities.
According to the CHP, there were 3,112 fatalities last year, though the numbers have yet to be certified. In 2007, the state had 3,557 fatalities. Collisions were also down in the first three months of the law.
"Even though we'll never have 100 percent compliance, when you put the law on the books most people follow it," said Simitian, who thought the numbers were encouraging. "This will take ongoing enforcement and education."
Simitian said it's still too early to know if the law or the fines need to be tweaked. But he believes as more drivers learn about the real cost of the citation, it will also help with compliance. Though the ticket carries a $20 fine, with court fees and assessments, a violator will likely pay about $130 or more. For some drivers, the law and its penalties still feel remote. George Chong, an operations engineer from Santa Clara, said he takes most of his in-car calls without a hands-free headset because his Bluetooth device doesn't work so well and he rarely sees any teeth to the law.
"I've yet to meet anyone that's been pulled over," said Chong, 32. Sgt. Mike Smith, a traffic officer with the San Jose Police Department, said citations in that city have jumped at least 50 percent in recent months. He said drivers need to keep hearing the message and perhaps receive a citation or two before it becomes as ingrained as the seat belt law, which now enjoys more than 90 percent compliance."Hands-free is still so new," Smith said. "It will take time to break this habit."
