iphone earbud use: a violation of law?

[deftdrummer1]

The new mandatory hands free driving law that will go into effect July 1 (http://www.dailynews.com/news/ci_9275889) prohibits the use of one hand to talk on a cell phone while operating a motor vehicle in California. This has some wondering how Apple's hugely popular iphone will play into the equation, specifically while driving with Apple's factory ear buds and similar accessories.

Since the factory buds contain an in-line mic, the concern is that California Highway Patrol officers will undoubtedly confuse the iphone's ear buds with normal portable music player buds, despite its dual use as a hands free device. In California, it is against the law to drive while wearing headsets of earplugs (http://www.dmv.ca.gov/pubs/vctop/d12/vc27400.htm).

My concern is that a haughty officer would interpret the use of iphone ear buds as he / she sees fit, doling out tickets unfairly due to misinformation, inaccurately placing the earbuds in the headphones-for-music designation.

It is tricky, because technically using the factory earbuds to talk on the phone is in full compliance with the law.

Your thoughts?

[jason72780]

I'm almost pretty sure that in California it is legal to drive with 1 earbud in so the iPhones headphones should be ok

[deftdrummer1]

ya actually it is. I usually drive with both in cause its higher volume. Also I don't like having the cord dangling around.

[anypats]

Well I don't live in CA but it is also illegal to drive with headphones/earbuds here in UT (I think that is the case with most states). I think that if you were using the iPhone and using one of the earbuds you would probably be okay (I don't think you can legally be listening to music though). The best option is to get a Bluetooth set for use in the car. There are even ones that just clip to your visor.

The best thing for everyone would be to contact the Highway Patrol in their state and ask what the law states. That way there is no confusion. Even if it is legal to have one bud in your ear my guess is that it is illegal to have music on even through just one ear. Check your local and state laws.