A recent court ruling has confirmed the law that driving while holding a phone is illegal and closed a potential “loophole” in the legislation. California Court of Appeal for the Sixth Appellate District confirmed even if you are holding a phone to look at a map or navigation app, it still violates the vehicle code, stating: ” Allowing a driver to hold a phone and view a mapping application, even if not touching the phone’s screen, would be contrary to the Legislature’s intent in enacting section 23123.5.”
What is the cellphone law in California?
The original law, California Vehicle Code 23123.5, states that “A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”
This does allow for your phone to be mounted in the same way a GPS is, as long as it does not interfere with the driver’s view. The driver can operate the device only if ” The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.”
Why did this new ruling happen?
The Court of Appeal ruled on the existing law after a California driver was ticketed for looking at a mapping application while holding his phone. The driver was initially fined for the offense and then appealed to the Santa Clara County Superior Court, which sided with him. Eventually, the decision was reversed by the California Court of Appeal for the Sixth Appellate District earlier this month.
What should California drivers know about the phone rule?
This new ruling clarifies the rules for drivers, making it clear that holding a cell phone while driving violates the vehicle code. California drivers should not hold a phone while driving for any reason or operate the phone when it’s improperly mounted while driving. The law applies to “wireless communication devices,” which include but are not limited to “broadband personal communication device, a handheld device or laptop computer with mobile data access, or a pager,” according to 23123.5.
For more information on the hands-free law, check out California’s vehicle code here.