You’re sitting at a red light waiting for the traffic signal to change, and your phone buzzes. It can be tempting to reach over and check the text or alert. But doing so is illegal, according to California’s distracted driving laws.
While most know it’s illegal to handle your phone while the vehicle your driving is moving, many feel confused about whether it’s safe or legal when motionless.
“If you’re in traffic, you’re still considered to be driving,” said Palm Springs Police Sergeant Kevin Lu. “Distracted driving remains a safety issue in Palm Springs, and we frequently stop motorists who think checking their phone at a red light is legal, it isn’t.”
Legally, “distracted driving” is anything that takes your attention off the road or your hands off of the steering wheel, according to the California Office of Traffic Safety. Using a mobile device with your hands in any way while driving increases your chance of getting in a collision by about three times, according to that agency.
The National Safety Council reports that, on average, nine people are killed each day in distracted driving crashes. The National Highway Traffic Safety Administration found that amounted to 3,275 deaths in 2023. The high stakes have been established for some time. The California Traffic Safety Survey found about a decade ago that more than half of Californians have reported being hit or nearly hit by someone driving while texting or on the phone.
Adult drivers are only permitted to use a mobile device in a hands-free setting, like using voice activation features or a Bluetooth system in vehicles that are so equipped. Such use can still pose hazards, so drivers should do so with caution. Drivers under the age of 18 are not permitted to use a mobile device while operating a motor vehicle at all.
Still, several traffic safety groups advise, if you need to read a text or make a call, it’s best to pull over safely and do so while parked.
Can you be on your phone at a red light California?
No, you can’t have your phone in your hands whether you’re moving or not. Your phone must be mounted to the windshield, dash or center console, if you’re using it for navigation or other purposes.
Can you talk on a cell phone while driving in California?
Yes, but only if it’s “hands-free.” This means you can use voice activated calling, speaker phone or Bluetooth through your car’s audio system, so long as you’re not using your hands or are distracted from driving. Drivers under the age of 18 can’t use a phone for any reason.
What is California’s law about using a cell phone while driving?
California first established a distracted driving law in 2008, barring people from using a wireless device while driving and later added prohibitions against texting. In 2017, the state’s legislature required drivers to mount mobile devices to the dash, windshield or center console. It added that the mounted devices need to be able to operate with a single tap or swipe, to decrease the possibility of distraction.
The most recent update came this year, with the courts clarifying that holding a phone at all while driving is a violation. An appeals court decision related to the California Vehicle Code established the intent of the law was to prohibit holding devices at all.
How much is a ticket for being on your phone while driving in California?
A first offense results is a violation of about $160, according to the California Highway Patrol, with various fees applied. A second violation within 36 months can increase the total fine to nearly $275 and a point could be added to your Department of Motor Vehicles record. Points on your record can lead to increased insurance costs or other penalties when they reach a certain level.
Christopher Damien covers public safety and the criminal justice system. He can be reached at christopher.damien@desertsun.com or follow him at @chris_a_damien.
This article originally appeared on Palm Springs Desert Sun: Is it legal to be on your phone at a red light in California?
