File this under “waste of taxpayer dollars” and/or “useless legislation.” Effective July 1st, 2008, California vehicle code prohibits the use of cell phones while operating a motor vehicle. There are several exceptions, but the only one that’s pertinent for most people is the “Unless you’re using a hands-free device” exception. The vehicle code reads as follows:
23123. (a) 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.[1]
Why is this law stupid? There are so many reasons. All this law says is that if you’re talking on the phone while driving you must use a handsfree device (a headset, or on- or in-ear piece). The implication is that the act of holding up the phone, not the conversation itself, is what distracts drivers and causes them to be dangerous.
False, according to the University of South Carolina:
“We measured their attention level and found that subjects were four times more distracted while preparing to speak or speaking than when they were listening,” said Almor of the 47 people who participated in the experiment. “People can tune in or out as needed when listening.”[2]
And that makes sense. It’s not really distracting to hold your hand up to your face. It’s also pretty easy to listen to things without crashing. Talk radio has been around for a while, and hasn’t caused many major accidents, I’m sure. Here’s an easy test: Next time you’re driving, turn on your radio, then put your hand on your cheek. Continue to drive. Did you crash? Good.
While this law prohibits something that categorically is not dangerous, it also fails to prohibit things that are very obviously dangerous. What does it not prohibit?
- Texting while driving
- Checking your email while driving
- Using a laptop while driving
- Playing with your GPS unit while driving
- Using a typewriter while driving
- Kneading dough for a pizza crust while driving
You get the idea. Any law that goes through the legislature costs California money. Pushing through stupid, ineffective laws that do nothing to improve quality of life or safeguard the community might be how the legislature stays busy in the slow season, but it shouldn’t be acceptable to those of us whom they work for.
[1] Vehicle Code Section 23123
[2] Talking Distractions: Study Shows Why Cell Phones and Driving Don’t Mix
I thought it included texting. For example, you can only use handsfree if over 18. 17 and under cannot use a cell phone in any way no matter what. No texting, no talking, even with a handsfree device. For us oldies, we can’t do anything w/the phone that ain’t handsfree… at least according to the articles I read. If the law is really that full of holes it is useless…
Yeah, it doesn’t specifically prohibit texting, and the handsfree language indicates that the law itself only refers to phone calls. That’s how it’s being interpreted.