As of today, California motorists can be pulled over and ticketed for driving while holding a cell phone to their ear. The new state law prohibits anyone from driving while talking on a cell phone, unless they go "hands-free."
But there appears to be a surprising loophole, and one safety advocates say could be pretty dangerous.
While the law begins to address the problem of keeping hands on the wheel, it doesn't prohibit a driver from dialing a phone no even texting. According to the California Department of Motor Vehicles, "the new law does not prohibit dialing, but drivers are strongly urged not to dial while driving."
Using a headset religiously will keep motorists within the letter of the law, but the spirit of the law may have some gaps. Safety advocates say that when it comes to driving and talking, headsets are really just the beginning.
The law is the result of studies, as well as anecdotal evidence, showing that driving while talking on a cell phone is unsafe. But it may not just be the holding of the handset that's the problems.
Two studies, in 2006 and earlier this year, concluded that simply talking on the phone, whether hands-free or not, is dangerous. In fact, one study found that driving who held conversations on the phone while driving drove as badly as those who were drunk.
A 1997 study, published in the New England Journal of Medicine, found that motorists were four times more likely to be involved in an accident when using a cell phone.
