Confusion Over California's Cell Phone Law

It is currently illegal to use a hand held cell phone in the state of California when you are driving an automobile, car or truck.  

The exact wording of the law is as follows:

“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.”   (Ref. California Vehicle Code 23123)

But what does that mean?  Apparently it is confusing to a lot of people. 

Ever since the law was passed I have seen a dozen new ways to use a cell phone which people apparently believe is legal.

Take for example the women who simply does not put the cell phone to her ear?  She believes that it is legal to use her cell phone if she holds the cell phone in her hand in front of her mouth and not to her ear.  She believes that by putting it on speaker phone mode, it is now configured for hands-free listening and talking.  The basic problem with this technique is that the driver is still using one hand to hold the cell phone.

A variation on that technique is the guy with ear phones in his ears which are attached by a short electrical cord to the cell phone which he holds in his right hand.  Here again, the driver is still using one hand to hold the cell phone.  Also, the driver may not realize that in California it is also illegal to wear ear phones while driving.  My son recently found out about that law when he was visiting from another state.

Still another new hands-free technique is when the passenger holds the cell phone to the driver’s ear so that the driver’s hands remain on the steering wheel.  A problem with this method is that the passenger does always know the correct alignment of the phone to the driver’s ear, and the driver often has to adjust the phone so that he or she can hear.  This requires that the driver remove his or her hand from the steering wheel to make the adjustment, or they may move their head around to achieve the proper position.

Another interesting method I saw recently involved the use of a Bluetooth earpiece that the driver had inserted into their ear.  This allowed the driver to have both hands free to wave and gesture wildly as they talked on the phone.  As I cautiously approached the car from behind, I initially thought they were trying to swat a fly that was loose in the front seat.

Whatever the true interpretation of the law, we may never know because there is little enforcement of the law by local police.  This is evident as you drive on the freeway and see so many people using their cell phones while they drive. 

It seems to me that if the law were enforced, word would quickly spread through local communities by word of mouth about what is and is not allowed.  And I believe it would be safer to drive on our nation’s highways.