Is it Illegal to Not Have Your Phone Mounted While Driving?

While driving, it's essential to stay focused on the road and prioritize safety. This principle often leads to questions about phone usage and the legality of where the phone should be when driving. This article aims to provide a comprehensive guide on the legalities surrounding the use of phones while driving, focusing on the legality of unmounted phones and the safety measures drivers can take.

Understanding Phone Usage while Driving

Using a phone while driving has become an increasingly common issue, raising concerns about distracted driving and safety. Technologies such as hands-free devices and mounting solutions have been developed to address these concerns. However, the question arises: is it legal to not have your phone mounted while driving?

Legal Restrictions and the Law

Phone usage laws vary significantly from country to country and even from state to state within the same country. Typically, hands-free devices or mounted phones are required in most jurisdictions to comply with legal standards. However, there are exceptions to this regulation, including a number of situations where a phone may be used without being mounted.

In-Car Accessories: Pocket, Glove Box, and Cup Holders

While not all jurisdictions require phones to be mounted, some do not prohibit drivers from holding or placing their phones in various in-car accessories. For instance, a phone that is tucked into a pocket, stored in the glove box, or lying in a cup holder is generally considered acceptable. The key is that the driver must be able to maintain full control and attention on the road without being distracted by the phone.

According to the National Highway Traffic Safety Administration (NHTSA) in the United States, drivers are legally allowed to check small devices (such as fitness trackers) that do not require the driver to take their eyes off the road or interfere with their steering. However, using a cell phone, even hands-free, can be more distracting and carries legal repercussions.

Other countries also have their own legal standards, for example, in the UK, hands-free devices are mandatory for making calls while driving but not for interacting with the device for other purposes. However, both hands-free and handheld use of a mobile phone can lead to significant fines if beyond a minor level of distraction.

Mandatory Phone Mounting Laws

Despite the increasing acceptance of in-car accessories, many jurisdictions still mandate the use of a proper phone holder or mount. This is to ensure that the driver can keep their attention on the road and reduce the risk of accidents caused by phone use.

In some places, the fines for not using a phone mount can be substantial. For example, in "AAA Foundation for Traffic Safety, drivers in states like California or Illinois can face fines of $162 or more for first-time violations. In Australia, a similar scenario sees a penalty of over $300 for not properly mounting a phone.

Benefits of Phone Mounting

Phone mounting offers a multitude of benefits beyond legal compliance. By securely mounting a phone in a designated holder, drivers can:

Ensure Safety: Keeping the phone in a fixed position increases the driver's ability to keep both hands on the wheel and eyes on the road. Enhance Accessibility: Properly mounted phones can quickly be accessed and controlled without causing distraction. Reduce Fines and Legal Issues: Compliance with mounting regulations can help avoid costly fines and legal issues. Promote Focus: The act of mounting the phone signals to the driver to prioritize driving over phone use, enhancing overall road safety.

Conclusion

While some jurisdictions allow phones to be in a driver's pocket, glove box, or cup holder, the legalities of phone usage while driving are complex and vary widely. Mounting the phone is often the safest and most compliant option, ensuring that drivers can remain focused on the road and reducing potential accidents and legal issues.