Originally Posted by Bea
Good point gbaglo! My husband and I almost always travel together and the passenger talks on the radio (when we travel with friends)...however, my curiosity got the best of me and I asked a policeman about it last year (here in California) since I occasionally tow alone and he said that if the 2-way radio does not have a 'cell phone' feature on the device, then it is legal for the driver to use. He said truckers do it all the time, however, this policeman is my one and only data point on this so regardless, rules are different everywhere so let's all drive safe and let the passenger do the talking...unless we're backing up!!
IMHO, don't use your 2-way radio while driving in Calif., unless it's hands-free voice activated.
CA Vehicle Code sec. 23123.5:
(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.
(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.
(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driverís hand while the driver is operating the vehicle only if both of the following conditions are satisfied:
(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicleís windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicleís dashboard or center console in a manner that does not hinder the driverís view of the road.
(2) The driverís hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driverís finger.