Hands free rule question

Where is the line drawn?
Can you pull over on the side of the road to look at your phone? With the motor running? Does it need to be in park or can you just have your foot on the brake?

I’ve been using my feet the last two weeks with no issues.

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Dunno about the park vs foot on brake but this is from the state website.

Is it legal under the new law to stop on the shoulder of the road and hold my phone to make a call, text, etc.?

If it’s not an emergency, stopping on the shoulder of an interstate freeway or controlled access highway is already illegal in Minnesota. Although it is legal to stop along a state or U.S. highway, or a county road, it’s not always safe to do.
We strongly encourage anyone who needs to use their phone to find a safe place to pull off the road completely. A convenience store or gas station, for example, will be safer for you and other road users.

I believe the way that I’ve read things means you can use your phone as the driver if you are safely pulled over to the side of the road, probably with the car in park, and not in the line of any traffic. I would think you could leave the car running. It’s similar to the whole, “Well I was at a red light” defense. At a red light you are still “in the line of traffic” and considered part of the traffic flow. So pulling off onto the shoulder of a roadway and putting the vehicle park should be enough. Keeping in mind that many freeways and highways are an exception, and often post “emergency stopping only” regulations.

And remember you can still use your phone if it can be used with “one-touch” mode. So you can answer a call if you must as long as it involves one touch that immediately brings up speaker phone.

I’m wondering about the wording for the GPS use. It’s not completely clear if we can we use the GPS on our phones while driving.

https://dps.mn.gov/divisions/ots/hands-free/Pages/default.aspx?fbclid=IwAR0Ht6z7mdtbbDJoxm8OV7eMgac87qq4eXX__DDOzdqudXW-f1Y6jxSf3Ko

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It says right there in #1 that getting directions from your phone is fine as long as you’re not holding it or pushing buttons. Start the navigation before you leave your parking spot and don’t touch it til you reach your destination and it’s AOK.

It also says “but only by voice commands or single-touch activation without holding the phone.” So I suppose if you start navigation prior to driving and then set the phone in a holder/cup holder and then do not touch the phone until you arrive at your destination you should be good then. I’m just thrown off by the info in the GPS question. Neither my phone not my Garmin GPS device deactivate controls while the vehicle is in motion.

Here at home many years ago. I had a man working for me that had driven to a bowling alley for league play. During the winter after the late night league play (and card games that followed till closing) he knew he had no business driving so he started his car to keep warm figured he should sleep it off.

He was awaken in the wee hours of the morning by a wrap on the drivers side window and got hauled off to jail for a DUI because he had not sobered up yet. He fought it to no avail. “Keys in the switch and the motor was running.” Because he was in a public place, even though it was a parking lot still DUI. It cost him lawyers and other fees of $5k and his license for over 3 years as I recall, it was his 3rd offence. Him knowing that he had 2 that is why he abstained from driving! He thought he was doing the right thing!

I kept him employed but I reduced his pay as I became his transportation to and from work.

Denny O wrote:

Here at home many years ago. I had a man working for me that had driven to a bowling alley for league play. During the winter after the late night league play (and card games that followed till closing) he knew he had no business driving so he started his car to keep warm figured he should sleep it off.

He was awaken in the wee hours of the morning by a wrap on the drivers side window and got hauled off to jail for a DUI because he had not sobered up yet. He fought it to no avail. “Keys in the switch and the motor was running.” Because he was in a public place, even though it was a parking lot still DUI. It cost him lawyers and other fees of $5k and his license for over 3 years as I recall, it was his 3rd offence. Him knowing that he had 2 that is why he abstained from driving! He thought he was doing the right thing!

I kept him employed but I reduced his pay as I became his transportation to and from work.

Iowa laws are crazy. Someone I know got a DUI for sleeping in her car in the bar parking lot with the keys on the floor by the back seat. She was told “that the keys have to be outside of the car.” That sounds REAL safe… She went to court and lost.

Bassn Dan wrote:

Iowa laws are crazy.

MN is the same.

I bought a couple of these for the FW and I. Works great in the FW’s car…not so great in my GMC with the shifter in front of the right vent and the turn signal switch in front of the other. I was thinking of placing it on the passenger side vent and turning it toward me. Not sure how that’s going to go over in the winter months but…we’ll see.

It gets the phone out of the way, out my hands, yet can still see who’s calling.

Link to Amazon

Brian Klawitter wrote:

I bought a couple of these for the FW and I. Works great in the FW’s car…not so great in my GMC with the shifter in front of the right vent and the turn signal switch in front of the other. I was thinking of placing it on the passenger side vent and turning it toward me. Not sure how that’s going to go over in the winter months but…we’ll see.

It gets the phone out of the way, out my hands, yet can still see who’s calling.

Link to Amazon

Try one of these mounts that goes into the CD slot. Works slick as heck. I tried using one that mounted to the vents, but they were a PITA.

https://www.amazon.com/Cellet-Holder-Compatible-Samsung-Express/dp/B07J9JYQ7J/ref=asc_df_B07J9JYQ7J/?tag=hyprod-20&linkCode=df0&hvadid=242021302714&hvpos=1o1&hvnetw=g&hvrand=2497649271060686560&hvpone=&hvptwo=&hvqmt=&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1020086&hvtargid=pla-661559010467&psc=1

Let me know how enforcement goes. Every State that I have lived in with this law has next to zero enforcement and blatant phone to ear while driving.

The real question is can I still eat my chili cheese burritos while driving?

SuperDave1959 wrote:

Let me know how enforcement goes. Every State that I have lived in with this law has next to zero enforcement and blatant phone to ear while driving.

I drove thru Mpls last Friday on Hiawatha ave, they must not of received the notice yet.

Deuces wrote:

The real question is can I still eat my chili cheese burritos while driving?

Or can BK put on his make-up while at a stop sign while smelling stink baits and counting bullheads in the bucket in the back seat ?

Watch that burrito ,buddy got pulled over for eating a donut Sunday morning heading down to work on deer stands.

Hoyt4 wrote:

Watch that burrito ,buddy got pulled over for eating a donut Sunday morning heading down to work on deer stands.

Huh. Yesterday I had the occasion to have a trooper abreast of our van for about a mile on I35 south coming home from Two Harbors while I was eating donuts and all he did was wave.

It’s not illegal to eat while driving.

biggill wrote:

It’s not illegal to eat while driving.

Technically it can be distracted driving, all depends on the guy writing the ticket. I know I wouldn’t drive thru Alexandria while eating if DT was on duty

sticker wrote:

Technically it can be distracted driving, all depends on the guy writing the ticket. I know I wouldn’t drive thru Alexandria while eating if DT was on duty

Technically it fall under careless driving. There is no specific law for distracted driving.

https://dps.mn.gov/divisions/ots/laws/Pages/distracted-driving.aspx

So anyone who gets pulled over while eating while driving is being pulled over for careless driving.

As it pertains to food.

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Eating and drinking — try to avoid food/beverage, at least messy foods, and be sure food and drinks are secured.

Chili cheese burritos are only messy after you eat them.

biggill wrote:

<div class=”d4p-bbt-quote-title”>sticker wrote:</div>
Technically it can be distracted driving, all depends on the guy writing the ticket. I know I wouldn’t drive thru Alexandria while eating if DT was on duty

Technically it fall under careless driving. There is no specific law for distracted driving.

https://dps.mn.gov/divisions/ots/laws/Pages/distracted-driving.aspx

So anyone who gets pulled over while eating while driving is being pulled over for careless driving.

So technically it can be illegal to eat while driving….

It was distracted driving was the reason for pulling over.

Also was nice to see the idiots who have dogs on their laps get tickets. Got to see that happen in Eagan over by work.

I just got one of these tickets. The state patrol figured it was safer to pull me over in 4 lanes of Rochester traffic vs letting me finish my phone call…

On a side note, he didn’t pull anyone over driving below the posted speed limit.

David Blais wrote:

I just got one of these tickets. The state patrol figured it was safer to pull me over in 4 lanes of Rochester traffic vs letting me finish my phone call…

On a side note, he didn’t pull anyone over driving below the posted speed limit.

That sucks, no speaker phone?

Didn’t have Bluetooth on

cell phone on speaker in my lap has been working fine for me. have asked everyone ive talked to if they can hear me ok and all have said yes. don’t see this rule affecting my life too much but i typically don’t fiddle with my phone a lot while driving anyway

David Blais wrote:

I just got one of these tickets. The state patrol figured it was safer to pull me over in 4 lanes of Rochester traffic vs letting me finish my phone call…

On a side note, he didn’t pull anyone over driving below the posted speed limit.

I get that you felt the location was a dangerous place to pull someone over but it’s not like you’re immune to a traffic stop just because there are 4 lanes of traffic.

Also, it’s not illegal to drive below the posted limit.