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Question of the Day - 09 January 2012

Q:
What can you do in a car ... with your cell phone? You can’t hold it and text or talk, but can you use a hands-free device to make or receive calls?
A:

It was back on June 17, 2011 that Gov. Brian Sandoval signed into being the bill that prohibits drivers from texting or using hand-held cell phones while behind the wheel. The law actually went into effect Oct. 1, but for the first three months police only issued warnings. As of Jan. 1, 2012, however, officers began citing drivers who ignore the law, with penalties set at $50 for the first offense, $100 for the second, and $250 for the third infraction. Thereafter, drivers who continue to offend risk forfeiting their license.

As far as what you can't do is concerned, this includes pulling over the roadside to use your phone or using it at a stop light (technically, you're still driving). If you have an iPhone, you can use it to listen to music, but you can't use smartphone functions like the navigation system, unless you have it voice-activated. According to an interview that Metro gave to "Fox5 News," you can look at the phone occasionally to double-check directions, but not if it's in your hand.

The law also applies to using Nextel 2-way radio/phones, so you can only use the phone feature and only with a Bluetooth.

The only way that you can legally make and receive calls while driving now is via an earpiece, speaker, or Bluetooth device, and we have to admit that we're even a little dubious about the safety of this distraction, even if both hands are on the wheel, and can sympathize with those campaigners who want all phone use banned while driving.

The only time that you can legally make a call using your hands is in the event of having to make an emergency call to 911. In the interview, the Nevada Highway Patrol officer stated that the law applies equally to law enforcement, which leads us to an interesting debate that's taking place on the "Fox5" site, following the submission by various witnesses of a photograph of a bike cop who was using his cell phone while stopped at lights.

In the interview referenced above, the NHP officer confirmed that law enforcement has to obey the law in the same way that everyone else does, but we understand the actual terms state that it doesn't apply to "a law enforcement officer or any person designated by a sheriff or chief of police or the Director of the Department of Public Safety who is acting within the course and scope of his or her employment." So, does it or doesn't it apply to cops (and firefighters and paramedics) when on the job?

It gets even more confusing, because a Metro spokesperson said that the department had voluntarily enacted its own "hands-free" policy, requiring use of an earpiece, speaker or BlueTooth device when a vehicle is in motion. The cop in the photograph is obviously stationary, but the rest of us can't use our phones when stopped at lights, so how come he could? We're confused, as are the people who've posted comments on the "Fox5" site (see link above).

Update 09 January 2010
Further to today's QoD, the Las Vegas Sun reports that Metro issued no fewer than 230 citations in the first week of January, when they started enforcing last October's cell phone ban. Take it seriously!
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