In case you missed it, please see below the editorial endorsement by the San Jose Mercury News from this morning, supporting Measure B to bring BART to Santa Clara County, connect with Caltrain commuter rail service and San Jose International Airport, and finally build a rapid rail system that circles the entire Bay Area.

As the Mercury notes, Measure B could hardly come at a better time.  The challenges with the national economy underscore the fact that Measure B - building the BART extension - will create thousands of well-paying local jobs that put people to work, on a transportation improvement that will help tens of thousands of us get to work. 

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Editorial: Vote yes on Measure B to put BART on track to San Jose
Mercury News Editorial
Article Launched: 09/27/2008 08:00:00 PM PDT

Eight years ago this fall, 71 percent of Santa Clara County voters approved a tax to bring BART from Fremont through downtown San Jose to the Santa Clara Caltrain station. Finally, the largest city in the Bay Area and the urban core of Silicon Valley would be on the region's best commuter line, and high-speed transit would ring the bay.

That was before Sept. 11, 2001, and the dot-com crash. Since then, costs have gone up, and like the overall economy, revenue from the 2000 half-cent sales tax has lagged behind projections. The measure was supposed to provide the local share of both construction and operating costs, but now it will cover only construction.

Measure B on this fall's ballot is a one-eighth-cent sales tax to fill the gap in operating money, about $42 million a year. It's a reasonable price to pay for the dividend this line will pay to the region for generations to come. We strongly support it.

Bringing BART to San Jose is if anything more important now, as we struggle to achieve energy independence and to build communities where people don't have to drive everywhere. And make no mistake: Measure B is only about BART. It is very narrowly drawn. It will not be collected until every dollar needed to construct the line is firmly committed, and it cannot be spent on anything but operating the BART line.

While BART has had setbacks, much has gone as hoped. The Valley Transportation Authority already has spent $460 million buying the right of way and on pre-engineering studies. Just last week, the state completed its commitment of $760 million toward the $6.1 billion project. It's money well spent.
Measure B will help secure the final piece of the construction puzzle: $750 million in federal dollars. The Federal Transit Administration will not recommend this allocation until it's confident VTA can operate the line. This is believed to be the final barrier - but if for some reason the federal money still isn't forthcoming, the Measure B tax will never be collected.

Opponents of this project have four main arguments: BART is old technology, the 2000 sales tax money should be spent on other things, the route is wrong, and you just can't trust VTA.

Yes, BART's old technology. It's proven, terrific technology, a fast, reliable system with a high fare-box return. That's why it's so popular. The 2000 tax measure never would have passed with that margin, if at all, for other projects.
On the route, some argue it should go to North San Jose instead of downtown. But the point isn't just to get East Bay commuters to existing jobs. It's a strategy to connect the region's major cities, universities, airports and other institutions, as well as job centers, and to focus new development in places like downtown San Jose, where high-density construction is welcome. Shifting that development to now-suburban areas would suck the life out of a downtown just starting to show real vitality.

As to VTA - it's not perfect. But the new general manager, Michael Burns, has improved its management and revitalized the all-important bus system. Ridership is growing. A state audit this year basically affirmed that the agency is on the right track.

On fiscal responsibility, one of our bellwethers is San Jose Mayor Chuck Reed, as practical and parsimonious a politician as you'll find. Since BART was the passion of his predecessor and political nemesis, Ron Gonzales, he has no personal stake in this.

Reed isn't just supporting Measure B. He's co-chairing the campaign. He believes BART is critically important to San Jose now, but perhaps more important, that it's one of those things you just have to do for future generations.

We agree. Measure B is a referendum on that belief. Vote yes.

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Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws.

Q: When do the new wireless telephone laws take effect?
A: The new laws take effect July 1, 2008.

Q: What is the difference between the two laws?
A: The first prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle, (Vehicle Code (VC) §23123). Motorists 18 and over may use a "hands-free device." Drivers under the age of 18 may NOT use a wireless telephone or hands-free device while operating a motor vehicle (VC §23124).

Q: What if I need to use my telephone during an emergency, and I do not have a "hands-free" device?
A: The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.

Q: What are the fines(s) if I'm convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. With the addition of penalty assessments, the fines can be more than triple the base fine amount.

Q: Will I receive a point on my driver license if I'm convicted for a violation of the wireless telephone law?
A: No. The violation is a reportable offense, however, DMV will not assign a violation point.

Q: Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.

Q: Will there be a grace period when motorists will only get a warning?
A: No. The law becomes effective July 1, 2008. Whether a citation is issued is always at the discretion of the officer based upon his or her determination of the most appropriate remedy for the situation.

Q: Are passengers affected by this law?
A: No. This law only applies to the person driving a motor vehicle.

Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?
A: Yes.

Q: Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?
A: Yes. A law enforcement officer can pull you over just for this infraction.

Q: What if my phone has a push-to-talk feature, can I use that?
A: No. The law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a "push-to-talk" feature. However, a push-to-talk feature attached to a hands-free ear piece or other hands-free device is acceptable.

Q: What other exceptions are there?
A: Operators of an authorized emergency vehicle during the course of employment are exempt, as are those motorists operating a vehicle on private property.

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DRIVERS 18 AND OVER

Drivers 18 and over will be allowed to use a "hands-free" device to talk on their wireless telephone while driving. The following FAQs apply to those motorists 18 and over.

Q: Does the new "hands-free" law prohibit you from dialing a wireless telephone while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Q: Will it be legal to use a Bluetooth or other earpiece?
A: Yes, however you cannot have BOTH ears covered.

Q: Does the new "hands-free" law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes.

Q: Does the new "hands-free" law allow drivers 18 and over to text message while driving?
A: The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer's opinion, the driver was distracted and not operating the vehicle safely. Sending text messages while driving is unsafe at any speed and is strongly discouraged.

  _____  
DRIVERS UNDER 18

Q: Am I allowed to use my wireless telephone "hands-free?"
A: No. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or text while driving in any manner, even "hands-free." EXCEPTION: Permitted in emergency situations to call police, fire or medical authorities (VC §23124).

Q: Why is the law stricter for provisional drivers?
A: Statistics show that teen drivers are more likely than older drivers to be involved in crashes because they lack driving experience and tend to take greater risks. Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and talking or texting on wireless devices, which increase the chance of getting involved in serious vehicle crashes.

Q: Can my parents give me permission to allow me to use my wireless telephone while driving?
A: No. The only exception is an emergency situation that requires you to call a law enforcement agency, a health care provider, the fire department or other emergency agency entity.

Q: Does the law apply to me if I'm an emancipated minor?
A: Yes. The restriction applies to all licensed drivers who are under the age of 18.

Q: If I have my parent(s) or someone age 25 years or older in the car with me, may I use my wireless telephone while driving?
A: No. You may only use your wireless telephone in an emergency situation.

Q: Will the restriction appear on my provisional license?
A: No.

Q: May I use the hands-free feature while driving if my car has the feature built in?
A: No. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.

Q: Can a law enforcement officer stop me for using my "hands-free" device while driving?
A: For drivers under the age of 18, this is considered a SECONDARY violation meaning that a law enforcement officer may cite you for using a "hands-free" wireless device if you were pulled over for another violation. However, the prohibition against using a handheld wireless device while driving is a PRIMARY violation for which a law enforcement officer can pull you over.

 The two laws were the result of SB 1613 and SB 33, authored by Senator Joe Simitian and signed into law by Gov. Arnold Schwarzenegger in September 2006

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