Phoney Logic

This is largely of interest to readers here in California, about a new driving law that went into effect in June that I suspect many don't know about.  But since it may be a blueprint for future laws in other states (which often happens...) and deals with a subject that I'm sure many people have had a reaction to, and since you might visit California at some point and decide to rent a car, and also because I have some Elisbergian thoughts on why this particular law is good on the surface but also utterly terrible in parts because of how poorly written and ill-thought out it is, I think it could be of interest to others.  Or not.
 
What the new law addresses is the use mobile phones when driving.  As an article explains it --
 
“It is now illegal in California to use a handheld cell phone while driving, including for navigation. Drivers must use a hands-free or voice-activated system and the phone must be mounted on the dashboard, center console, or a specific area of the windshield. Even briefly holding a phone for navigation or other purposes is now prohibited”

There is more to the law.  For instance, drivers until the age of 18 cannot use any phone while driving, including mounted hands-free.  And emergency calls are allowed for everyone.  This is the detailed article about it.
 
On the surface, and for the most part, it's a very good law that deals with a serious safety issue.  But then there's that pesky "poorly written" part, which you mean of gotten a hint of in the last sentence in the paragraph above, about "briefly holding the phone."  But it's more ridiculous than just that. 

What most articles I've read about the law don’t say – though I’ve heard one discussion on television about this point, and it’s critical one (and idiotic) – is that even if you are stopped at a red light or stop sign…it is still illegal to even just touch your phone.  If you want to find an address in your phone's address book, or make a call when stopped – it’s illegal.  (What you could do is pull off to the side of the road and turn off your car to do these things.  But you’d have to be sure to turn off your car, I assume.)
 
As I said, I think the theory behind the law is very good.  I think the specifics of the law are ridiculous.
 
First, if you’re stopped, it is not a distraction to pick up your phone and look at a map.  Or check for an address.  Or do anything.  You’re stopped.  If a another car veers out of control towards you when you're stopped, you mostly can't quickly do anything about it because they're probably a car stopped in front of you, and behind.  And to either side.
 
But second, and even more ludicrous, it is perfectly legal to sit at a stop light and hold a can of soft drink while talking to people in the back seat.  And it’s 100% legal to be at a stop light and pick up a paper map to look at it -- or pick up a book to read.  For that matter, even more ridiculous, it’s legal to hold a can of soft drink and talk to people in the back seat …while driving!  In fact, it’s not even illegal to drive while holding a can of soft drink or a water bottle…and take a swig of the drink, throwing your head back to swallow, which takes your eyes off the road.  Further, it’s also not illegal to, as some  women do, put lipstick on while while at a stop (or even, I've seen, God help us, when driving), looking in the rearview mirror to check how it all looks.  (I suppose that if you’re sipping a soft drink or putting on makeup while driving a policeman could cite you for unsafe driving.  But the point is, it’s not written into the code that it’s specifically “illegal” to do them -- like it is with touching a mobile phone even when stopped -- just that you can be ticketed for unsafe driving.  But then, anything that is "unsafe driving" should be illegal, and stating that should be enough to cover situations not specified.  Moreover, if you gulped down a soft drink or put on make-up when stopped at a red light, you wouldn't get cited for unsafe driving – and that’s no more “safe” nor even more different than being completely stopped at a red light and picking up your phone – or just touching your phone with a finger -- to check a map or check a text or scroll to look at the time or weather.

So, to me, it’s a well-meaning law that is horribly written.

But it’s still important to be aware of.

Now, imagine all the tourists who come to California and, as I noted, rent a car and don't know about this law.  Not that California get any tourists, of course.  Or that the World Cup and Summer Olympics are coming to Los Angeles in the next two years.  (Unless they're scared away by Trump or seeing the U.S. Marines patrolling the city...)

And we haven't even gotten to the fines. At first glance, they appear pretty small -- but only if you don't look under the hood.  A first offense is $20, and subsequent offenses are $50.  But -- court fees and assessments are then added, and a first offense could cost as much as $160, and additional offense could reach  over $285!  And you get a point on your driving record -- and with enough points, you'd lose your license.  For holding your phone when stopped at a red light.  

 
Happily, there are ​some workarounds.  Most cars today, after all, allow you to pair your phone with the car’s audio system via Bluetooth.  That lets you use voice commands to make and receive calls.  It won't let you check your phone for texts, emails or information, but it's at least something.  (Unless you own an older car that doesn't have Bluetooth.)

Also, as the law states, you can get a device to hold your mobile phone, and if it is stabilized there, you can "tap" or "swipe" the phone.  O huzzah!  (But -- wait, be careful -- only a single swipe...) At least it's an option, though I don't like the holders that attach to the windshield, but I did get this one that fits into my cup holder, the Topgo Cup Phone Holder, for $25.  It's annoying to have it there, but you can twist it enough out of the way and still be in position to look at.  That said, I really don't use my phone much in the car, so it's not totally necessary, but for those times that I do need it, it's been good to have.

What most analysts say is that it's not likely that police will be out looking for people holding their phone at a stop light, and are not likely to ticket people if they do spot someone.  (Though if they did, this being Los Angeles, they could probably make enough money on fines to get rid of the national debt...)  Still, with the cost of the fines and risk of getting points on your record, that's a lot to rely on "likely."

There's a lot that's great in the law.  But there's so much, too, that makes you want to shout, "What are earth were you thinking???!!"​