California’s hand-free cell phone law has been in effect for years, but a new ruling clarifies that even just looking at your phone for navigation while holding it is considered distracted driving.
The change stems from a June ruling in a Los Angeles courtroom where a driver argued that he was not distracted while using navigation and holding his phon. A judge disagreed.
Officer Jordan Richards is the public relations officer for the Coastal Division of the California Highway Patrol (CHP). He said that before the ruling, there was a discrepancy on what “holding and operating” meant.
“The ruling has indicated that just looking at the phone while it’s in your hand is operation enough,” Richards said. “We know that once your eyes deviate from the roadway, it is a very dangerous situation.”
Drivers can still use built-in navigation systems in their vehicles. Using navigation on a phone that’s mounted is also legal.
“It has everything to do with where your eyes are at the time you’re driving,” Richards said. “Say you’re going 60, 70 miles per hour on the freeway, your eyes have to be on the road looking for any of the hazards that could be coming.”
Drivers that KSBY spoke with say they see distracted driving as a big issue, but some feel there should be exceptions when using navigation systems.
“I know it’s not legal, but I don’t see a big impediment in terms of a threat — being a traffic threat — if it’s stopped and is just like ‘oh, I have to turn down this next street, I gotta turn up here,” Jay, an Avila Beach visitor, said.
Visitor Joan Ferver said she frequently listens to her navigation system.
“I also understand having to look at your phone to get your location and trying to find an address,” Ferver said. “I’ve done it. But if you’re going down the road trying to access your map information, I have a big issue with that.”
If you are caught holding your phone and looking at it while driving, you could face fines of $20 to $50 if it is your first offense, according to the CHP.
