California No-Touch Phone Law: What Drivers Need to Know in 2026
Can you hold your phone while driving in California in 2026?
California's No-Touch Phone Law: What Every Road User Needs to Know
California's rules around cell phone use while driving have gotten significantly stricter, and if you haven't updated your habits yet, now is the time. We covered this law when it was first announced, and since it has taken full effect statewide, we wanted to revisit what it actually means for drivers and for cyclists, scooter riders, and e-bike users who often wonder whether the rules apply to them too.
The updated law closes long-standing loopholes and makes clear that holding your phone for virtually any reason while operating a vehicle, including checking directions, skipping a song, or glancing at a text, is illegal. Here's what you need to know.
How We Got Here
California has been chipping away at distracted driving for nearly two decades. In 2008, the state enacted Vehicle Code § 23123, banning handheld phone calls while driving unless a hands-free device was used. That was followed by § 23123.5, which prohibited texting and similar activity.
Then in 2017, Assembly Bill 1785 added more specificity: a phone could only be used if mounted on the dashboard, windshield, or center console, and interactions had to be limited to a single tap or swipe. Even so, many drivers continued to handle their phones, arguing they weren't technically "texting" or "talking" and were therefore in the clear.
That argument no longer holds water. A California appellate court affirmed that holding a phone for any reason while driving violates state law, triggering the updated "no-touch" interpretation that is now in full effect statewide.
What the Law Prohibits
The rule is straightforward: do not hold your phone while operating a vehicle. This applies even when you're stopped at a red light or sitting in traffic. The only lawful way to interact with your device is if it's securely mounted and you're using voice commands or a single tap/swipe.
Prohibited behavior includes:
- Holding your phone to view GPS directions
- Scrolling through music apps or playlists
- Reading or viewing texts, videos, or maps
- Simply holding the device in your hand, even without actively using it
The practical takeaway: set up your navigation and audio before you start driving, and let voice commands do the rest while you're on the road.
The practical takeaway: set up your navigation and audio before you start driving, and let voice commands do the rest while you're on the road.
Exceptions to the Rule
Exceptions exist, but they are narrow. Emergency personnel, including police officers, firefighters, and paramedics, are exempt when acting in the course of their official duties. Passengers may hold and use their devices freely.
Notably, there is no exception for rideshare or delivery drivers. Even though many of these workers depend on mobile apps for navigation and dispatching, they must comply just like everyone else, with a mounted device and voice commands only. Emergency calls to law enforcement, medical providers, or roadside assistance remain permitted at all times.
Penalties
A first violation carries a base fine of $20, but after fees and assessments, the real cost is typically around $136. A second offense within 36 months can run approximately $272 and may add one point to your DMV record. Points can trigger higher insurance premiums or, in serious cases, license suspension.
This law is subject to primary enforcement, meaning an officer can pull you over for this violation alone, without needing any other reason to stop you.
What About Cyclists, Scooter Riders, and E-Bike Users?
This is where many people are surprised. California's Vehicle Code § 23123 and its related provisions apply specifically to motor vehicles, which means traditional bicycles, standard scooters, e-bikes, and e-scooters generally fall outside the strict scope of this particular law.
That said, the legal picture is nuanced:
- E-bikes and e-scooters are regulated under California law, but the no-touch cell phone rule does not apply to them in the same way it does to cars and trucks.
- Traditional bicycles are not motor vehicles under California law, so riders are not subject to Vehicle Code § 23123.
- Motorized scooters (gas or electric, operated on public roads) occupy a gray area and may be subject to additional traffic regulations depending on how they are classified and where they are ridden.
However, and this point cannot be stressed enough, the law not applying does not mean it is safe. Riding a bike, e-bike, or scooter while distracted by your phone is genuinely dangerous. Without the structural protection of a car, cyclists and scooter riders are far more vulnerable to serious injury. You have less reaction time, less stability, and far less margin for error. Distracted riding has caused serious accidents and fatalities on California roads, and that risk exists regardless of what the Vehicle Code technically requires. If you ride any kind of two-wheeled vehicle, put the phone away.
Understanding Your Responsibility on the Road
California's no-touch policy reflects a broader commitment to reducing distracted driving, and for good reason. Distracted driving remains one of the leading causes of serious injury accidents in the state. Whether you're behind the wheel of a car, delivering packages, or commuting by e-scooter, staying focused on the road is both a legal obligation and a basic responsibility to everyone sharing it.
Injured by a Distracted Driver?
If you or a loved one has been hurt in a crash caused by a distracted or negligent driver, you may be entitled to compensation for medical bills, lost income, pain and suffering, and more. Our California car accident attorneys have extensive experience holding careless drivers accountable and fighting for the full recovery our clients deserve.
We represent clients across San Francisco, Oakland, Los Angeles, Redondo Beach, and throughout California. Contact Dolan Law Firm today for a free consultation. We're here to listen, advocate, and fight for you.