I want your impression of the following. Don’t google for it, just tell me what you think. According to the following, can you use a cell phone with a headset? Can you use a cell phone with a speaker phone in a car?
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.
a) Let’s say you have a cell phone with a speaker phone. If you turn on the speaker phone, it is certainly “configured to allow hands-free listening and talking”.
b) If you use this cell phone with the speaker phone activated in your car, then you are “using it in that manner while driving”.
c) Therefore, you may use your speaker phone even if you are holding your cell phone in your hand.
The California DMV believes that you are not allowed to hold the speaker phone in your hand.
Q: Does the “hands-free” law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes, as long as you are not holding the phone.
But the problem with the logic is in the wording of “configured to allow hands-free listening and talking”. Even if the cell phone user is using both hands and feet to operate their speaker phone activated cell phone, the phone is still “configured to allow hands-free listening and talking”.