California Employers: Review Cellphone Policy After Court Decision

California employers are encouraged to review their cellular phone and driving policies in light of a recent Court of Appeal decision barring drivers from using any functions on a handheld cellular phone while driving.

On June 3, 2025, the California Court of Appeal issued a ruling in People v. Porter (2025) that reinstated the traffic conviction of a driver who had viewed a mapping application on his cellular phone while holding the phone and driving. The defendant, Nathaniel Gabriel Porter, who was convicted of violating Vehicle Code section 23123.5(a) — which prohibits drivers from “holding and operating” a handheld cellular phone unless it is used in a manner that allows voice-operated and hands-free operation — appealed his traffic conviction to the appellate division of the Santa Clara County Superior Court. Porter argued that the statute prohibited only listening and talking on a handheld phone. The appellate division agreed and reversed the conviction, concluding that “operating” a cellular phone under the statute requires active use or manipulation of the device, such as talking, listening, emailing, or otherwise engaging with the phone, rather than simply observing GPS directions. The Court of Appeal then reviewed the case, ultimately reinstating Porter’s conviction.

The court’s ruling concluded that the statute prohibits all use of a cellular phone’s functions while driving and holding the phone, including passively looking at an application on the phone. The Legislature intended to curb distracted driving stemming from the expanded functionality of modern phones by banning all use of a phone’s functions while held in the hand. Further, the court reasoned that Porter’s use of his handheld cellular phone while driving implicated safety concerns. Under Porter’s interpretation of the statute, the court opined that a driver could not only view a mapping application but also watch a video or engage in other similarly dangerous, distracting activities while driving. The court decided that Vehicle Code section 23123.5(a) was correctly interpreted as barring drivers from using any application or function on a cellular phone while holding the phone and driving.

Given this ruling, California employers should consider whether any updates are necessary to their employment policies. While many employers may already have policies in place requiring the hands-free use of cellular phones to make and receive calls while driving, the Porter case holds that any use of a cellular phone violates the law when holding the phone and driving. Employers may need to review their policies to ensure they 1) bar employees who are driving for work purposes from engaging in any use of a handheld phone and 2) suggest alternatives, such as a cellular phone windshield mount, so that drivers can observe mapping applications if necessary.

Sample Policy: Cellphone Use

Jennifer Grock and Jonathan Judge are attorneys with Atkinson, Andelson, Loya, Ruud & Romo in Cerritos, Calif. © 2025 Atkinson, Andelson, Loya, Ruud & Romo. All rights reserved. Reposted with permission of Lexology.