Your Phone Behind The Wheel
Veh. Code 23123.5 — hands free, a mount, and one swipe or tap
In California a driver may not hold and operate a handheld wireless telephone or electronic wireless communications device while driving, unless it is designed and configured for voice operated, hands free use and is used that way. Using a wireless phone to talk while driving is allowed only hands free.
A mounted phone may take a single swipe or tap. A driver may use a hand on the device only if it is mounted on the windshield the way a portable GPS may be, or on the dashboard or center console without blocking the view of the road, and the hand activates or deactivates a feature with the motion of a single swipe or tap of a finger.
| Who | The rule |
|---|---|
| WhoAny driver | The ruleHands free only, with the base fine $20 for a first offense and $50 for each after |
| WhoA driver under 18 | The ruleNo wireless phone or device at all while driving, even hands free; the base fine is $20 for a first offense and $50 for each after |
An officer may not stop a vehicle only to see whether a driver under 18 is using a hands free device. The hands free rules do not apply to emergency calls, systems installed by the manufacturer, or emergency services professionals in an authorized emergency vehicle, and the talking rule does not apply on private property.
Sources for this section (3)
- Veh. Code 23123.5 — Holding and operating a wireless communications device while driving
- Veh. Code 23123 — A handheld wireless telephone while driving
- Veh. Code 23124 — A minor using a wireless device while driving
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.