California court: using maps apps illegal while driving

Court rules that law prohibiting phone use applies to all purposes, not just talking and texting

In the war between Google Maps and Apple Maps (of which I come squarely down on the side of Google) there was only one compelling argument I heard for Apple being the superior app: turn by turn directions. In fact it was even rumored that the reason that Apple stopped allowing Google Maps to be the default was because of its lack of such a feature. Turn by turn directions can be a lifesaver, especially when driving in a state or a city you’ve never been to before.

If you live in California, though, you may run into a bit of a problem if you try to use Apple Maps, or any other similar service, since using a cellphone as a map while driving is illegal, according to a ruling handed down by a California appeals court at the end of March.

“Our review of the statute's plain language leads us to conclude that the primary evil sought to be avoided is the distraction the driver faces when using his or her hands to operate the phone. That distraction would be present whether the wireless telephone was being used as a telephone, a GPS navigator, a clock, or a device for sending and receiving text messages and e-mails,” Judge W. Kent Hamlin of the Superior Court of California, County of Fresno, wrote in his ruling.

The ruling reaffirmed a previous decision that stemmed from a case involving a man who was pulled over for using his cellphone while driving, and was cited for violating Section 23123 of the California Vehicle Code, which states, “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.”

The defendant had argued that since he was using the phone as a map, and not for conversing, he had not violated the Section. Both the lower court and the appeals court disagreed with that interpretation.

While the appeals court acknowledged that the language of the Section in question could be read multiple ways, the court decided that it applies to all uses of a mobile device while operating a vehicle, not just those that involve conversing with another person.

“Neither the plain language of the statute nor the legislative history support the conclusion that section 23123, subdivision (a), was designed to prohibit hands-on use of a wireless telephone for conversation only,” the ruling says. “The statute instead focuses on the distraction a driver faces when using his or her hands to operate the phone, specifically including  ‘the physical distraction a motorist encounters when either picking up the phone, punching the number keypad, holding the phone up to his or her ear to converse, or pushing a button to end a call.’ That distraction would be present whether the phone is used for carrying on a conversation or for some other purpose.”

Interestingly, the court also acknowledged that outlawing cellphones while driving might be “illogical and arbitrary” since “the legal use of one’s hands to operate myriad other devices poses just as great a risk to the safety of other motorists.” But, the ruling said, that is something that will have to be taken up with the State Legislature.

Of course, this only applies to holding the phone while getting directions. All a driver has to do is install something to hold their phone while they are driving, and they shouldn't have any problem.

You can see the entire ruling below:

California Appeals Court Ruling on Maps and Driving

(Image source: https://www.theairfields.ca/jesse/)