If You’re Stopped At a Red Light, Are You “Driving”? [Using cellphone]

The Volokh Conspiracy ^ | November 15, 2011 | Orin Kerr

[QT3.14]

[You'll need to scroll about half way down the page]...Yes, says a California court, at least for purposes of interpreting a California law that prohibits using a cell-phone while driving.

[moviefan8]

I can easily see getting a ticket while you are in a parked car with the engine running because the car is in operation. The car is not off.

[Notwithstanding]

Conservatives accept responsibility when they ignore the law and then get caught.

[longfellow]

IS THE GEAR IN DRIVE?

[org.whodat]

Several states have the hand helt cell phone law, the truck driver that ran over and killed all the amish people in ky last year was talking on a head set and had a history of the same. Wrong thing to do. Anyone caught texting and driving should be dragged off the road and shot. http://www.louisvilleaccidentsblog.com/2011/09/kentucky-crash-cited-in-call-to-ban-cell-phone-use-in-trucks.shtml

[Pollster1]

I disapprove of enforcing this law on the driver of a vehicle that is not moving, and I disapprove of having laws that are not enforced. The obvious intent is to maximize revenue, but that is an abuse of police power. If a woman can apply makeup legally and a man can read the newspaper legally, they should be able to text too while stopped. The law should be changed.

[federal__reserve]

I just have a one question for all of you. This question has baffled me for 50 years, ever since I was in high school.

If you are at any service window, such as post office, restaurant, school....any where, and you are doing business with the person at the window, and their phone rings. They always stop with you and give phone immediate attention. This is very annoying since you have made effort to get to the service window in person, and the after coming phone call gets higher priority.

So, getting back to cell phones, unless your wife is about to deliver a baby, or some one in your family is having surgery, where is the urgency to attend to the cell phone? What is the last time any one called you (or texted) to give you a prize? 99% of my calls are when someone wants something from me.

[QT3.14]

I believe in WA (the state) it is called Physcal Control. It is my understanding that you can be sleeping in the back seat and as long as you have access to the key you are capable of operating the vehicle and considered in P C.

[Political Junkie Too]

I can see an argument if the engine is not on.

If someone is sitting in their car in a parking lot and the engine is off, perhaps waiting for their child to get out of school or waiting to pick up their spouse at the train station, then talking on the phone while sitting in a parked, turned off car should be okay.

In the radio story that I heard, the car was running but the car was still parked. In this situation, I can see someone getting into their car in the morning and starting it up to warm up the engine to defrost or defog the windshield, and then make a phone call while sitting in the car.

This person also said that she got a ticket for not properly curbing the tires on her car (turning the wheels towards the curb to prevent a runaway car from rolling down the street). That can be an issue in San Francisco, but she said she got the ticket on a flat street, so there are some pretty aggressive ticket writers out there.

-PJ

[RIghtwardHo]

When I first started prosecuting I got the traffic cases (as all new Prosecutors do) and the law in Virginia ws that if you were behind the car, keys in ignition and the car was on a public road, you were driving EVEN if the engine wasn’t running and you were parked on the side of the road in a parking space. The Va Sp Ct ruled on that a couple times. I THINK (though am not sure) that before I retired the Court ruled that you only had to have the keys and they didn’t need to be in the ignition though I am not sure of that.

This is pretty standard in states nationwide.

[Buckeye Battle Cry]

If the engine is on, your are behind the wheel and the vehicle is in a public traffic lane, then YES you are driving.

[Smogger]

Yeah well people shouldn’t have their little rat dogs in their lap, put ketchup on their fries, read a map, scold their kids, or a myriad of other things while their driving. I am not at all compelled that one is inherently more dangerous then the other.

[AuH2ORepublican]

“If you are in a vehicle that is running and a part of the traffic, whether moving at any specific time or not, YES, you are driving. NO, you should not be using a cell phone. When using a cell while behind the wheel the driver IS NOT paying attention to anything else around him/her.”

---

I’ll support laws that ban the use of cell phones while driving when they pass laws that ban drivers from changing radio stations, speaking to the other passengers in the car, fiddling with the air conditioning, looking at billboards, scenery or house numbers, and all the myriad things that drivers do that prevent them from being 100% attentive to their driving. Heck, by that rationale, they should ban thinking about something other than driving. Furthermore, cars with manual transmissions should be banned, since having to place a hand on the stick shift prevents the driver from keeping both hands on the wheel at all times. It’s for the children, you know.

[freekitty]

You are operating a vehicle still or not.

[Dr. Sivana]

I’ll support laws that ban the use of cell phones while driving when they pass laws that ban drivers from changing radio stations, speaking to the other passengers in the car, fiddling with the air conditioning, looking at billboards, scenery or house numbers, and all the myriad things that drivers do that prevent them from being 100% attentive to their driving. Heck, by that rationale, they should ban thinking about something other than driving. Furthermore, cars with manual transmissions should be banned, since having to place a hand on the stick shift prevents the driver from keeping both hands on the wheel at all times. It’s for the children, you know.

Secretary LaHood?! When did YOU join Free Republic?

[mmichaels1970]

I can easily see getting a ticket while you are in a parked car with the engine running because the car is in operation.

Me too.

Hypothetical: You are driving and are completely lost. You pull off on a residential side street, put the car in park, and call for directions.

Should you really get a ticket for that?

[BunnySlippers]

IIRC, you can be cited for a DUI if you are sitting in the drivers side of a car that is not turned on.

[discostu]

The problem with your example is that the stats show cellphoning while driving bumps your accident rate up into the drunk driving territory while none of you other “suggestions” even come close to that range.

[wolfcreek]

even if you are passed out/sleeping.

[douginthearmy]

Conservatives accept responsibility when they ignore the law and then get caught.

Conservatives believe government has limited powers. China has plenty of laws.

This guy loves conservatives who ...

[QT3.14]

If the engine is on, your are behind the wheel and the vehicle is in a public traffic lane, then YES you are driving.

How about the comment made at the link? At long lights, he turns his car OFF.