California Ruling Makes Driving Move Illegal

A California appeals court has ruled that it is illegal for drivers to hold a cellphone while using a navigation app—even if they are not tapping or swiping.

Why It Matters

The ruling significantly broadens the scope of California’s distracted driving law and could impact thousands of drivers who routinely glance at maps while holding their phones.

A man uses his mobile phone while driving.
A man uses his mobile phone while driving.
AP

What To Know

The court determined that simply holding a phone and looking at a map while driving qualifies as “operating” the device under California law—making it a ticketable offense.

Mounted phones that are operated with a single swipe are still permitted, but holding a phone at any point while driving, even passively, now crosses the legal line, according to the ruling.

The ruling stems from the case of Nathaniel Gabriel Porter, who was ticketed after he was seen holding his phone in his left hand while looking at a mapping app. Although he was not interacting with the phone’s screen, a police officer pulled him over and issued a $158 fine.

Porter contested the ticket, and a lower court initially sided with him, ruling that “merely observing GPS directions on the phone does not constitute the kind of active use or manipulation to trigger an infraction.” But the appellate court reversed that decision, ruling that the law’s intent goes beyond physical manipulation of the phone.

“When legislators adopted the current state law prohibiting drivers from ‘operating’ a cellphone while driving, they did so ‘to reduce distracted driving resulting from advancements in modern phones and to encourage drivers to keep their eyes on the road,'” the court wrote.

Under the statute, passed in 2016, drivers must use mounted devices if they wish to access their phones for any reason, including navigation. Fines can start at $20 for a first offense but often increase because of additional fees and penalties.

The law was expanded that year after court rulings found that the original statute was too narrow and banned only talking and texting.

At the time, lawmakers cited the evolution of smartphones into “pocket-sized computers” and said the law needed to reflect that phones were being used for far more than calls and texts. The new version aimed to prohibit use of a phone “for any purpose” while driving, including navigation, gaming, music browsing and video streaming.

What People Are Saying

The court, in its ruling: “Allowing a driver to hold a phone and view a mapping application, even if not touching the phone’s screen, would be contrary to the Legislature’s intent.”