On the occasion of the Independence Day weekend on July 4th, a record number of Californians are set to travel, but the American Automobile Association (AAA) is reminding drivers to be cautious. With the recent enforcement of the stricter law against using phones while driving in California, texting or holding a phone behind the wheel is now more likely to result in fines.
Since the implementation of the “Hands-Free” law last month in California, law enforcement can now penalize drivers caught holding a phone while driving. Gianella Ghiglino, spokesperson for AAA in Southern California, emphasized to the media this week that “holding a phone can lead to distraction, and this law was designed for that purpose, clearly stating that it is illegal as long as you are holding a device.”
A court ruling on June 3rd paved the way for the full enforcement of the ban on cellphone use by drivers in California. Prior to this ruling, there was legal controversy over whether using a phone for non-voice purposes while driving constituted a violation. One violator argued that they were only using a map application and not making a call, therefore not breaking the law. However, they ultimately lost the case.
The California Assembly Bill 1785, effective since 2017, prohibits drivers from holding or using any cell phone or wireless communication device unless it is designed for voice-operated and hands-free use. This ban does not apply to electronic communication devices installed on the vehicle dashboard from the factory or devices mounted on the windshield.
Although this law has been in effect for eight years, it wasn’t until the ruling by the Sixth District Court of Appeals in California on June 3rd of this year that law enforcement agencies were able to enforce it comprehensively.
Judges believe that drivers watching content on their phones while driving are engaging in distracted driving, posing a danger to the public. According to data from the National Highway Traffic Safety Administration (NHTSA), distracted driving behaviors such as talking on the phone, texting, eating, chatting with passengers, adjusting the radio, among others, can prevent drivers from focusing on the road.
“Texting is the most dangerous form of distracted driving,” NHTSA points out, “Sending or reading a text can take your eyes off the road for up to 5 seconds. At 55 miles per hour, it’s like driving the length of a football field blindfolded.”
California’s initial law prohibiting the use of cell phones while driving was enacted in 2006, expanded in 2008 to include bans on texting while driving. In 2013, the legislature further expanded enforcement, prohibiting those under 18 from using any wireless communication device while driving, regardless of hands-free capabilities. The Assembly Bill 1785 broadened the scope of existing laws but also left some legal grey areas. For instance, does it only prohibit phone calls, or does it cover other phone use behaviors as well? According to legislative analysis from the state’s assembly, due to these ambiguities, enforcement by law enforcement officers has been challenging.
The June 3rd ruling came from the Sixth District Court of Appeals, involving the driver Nathaniel Porter, who in 2023 in Santa Clara County was found in violation for using a phone to check a map application while driving. Porter appealed to the Santa Clara County Superior Court, which overturned the conviction, noting that illegal conduct must involve “active use or operation of a device.”
“Merely checking GPS navigation does not constitute active use or operation, and therefore does not constitute a violation,” the judge wrote in the ruling. The state government appealed this decision, and the appellate court overturned it on June 3rd.
“We believe that under the Vehicle Code, ‘operation’ includes using any functionality of a handheld wireless device while driving, including checking map applications,” Judge Mary J. Greenwood stated, “This interpretation aligns with the spirit of the law, which aims to prevent distracted driving caused by modern phone use and encourages drivers to keep their eyes on the road.”
Judges Allison Danner and Daniel Bromberg concurred. Porter ultimately had to pay a $158 fine.