Cal. Vehicle Code § 23123 : California Vehicle Code — Rules Of The Road — Public Offenses — Driving Offenses — Prohibited driving of motor vehicle while using wireless telephone Date: 7 Sep 2016 TEXT PDF Current through the 2016 Legislative Session (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. Ca. Veh. Code § 23123 Amended by Stats 2007 ch 214 (SB 33),s 3, eff. 1/1/2008. Added by Stats 2006 ch 290 (SB 1613),s 5, eff. 7/1/2011.