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Apple's Phil Schiller talks about Siri with the new Apple iPhone 4S during an... ( Paul Sakuma )
Siri may be a seductively smart companion. But let the new iPhone's voice-activated Gal Friday sit beside you as you drive up Highway 101 and you might also get into trouble with the law.
You can talk to Siri while driving, cops say. Just don't touch her.
"It's legal to talk to Siri, as long as the phone's not in your hand,'' says San Jose police Lt. Chris Monahan. "But if you have to push the phone to activate her, or if you ask for directions and she puts them up on her screen for you to read, then California's hands-free law says your're breaking the law."
Section 23123.5 of the motor-vehicle code clearly states that "a person shall not drive a motor vehicle while using an electronic wireless communication device to write, send, or read a text-based communication."
While Apple's (AAPL) new digital darling is quite adept at putting your calls through or setting up lunch appointments, Siri still requires some good old-fashioned finger-work on your part. For starters, activating her requires you to push the iPhone's home button, which might worry some law-abiding motorists. But California Highway Patrol spokesman D.J. Sarabia says the problem with cell-phone legislation is that you can ask "ten of us in law enforcement and you'll get ten slightly different interpretations. I'd say that holding down the start button for two seconds until she comes on probably doesn't violate the law. But then it's one of those subjective things that in the end a judge will have to rule on.''
An Apple spokeswoman referred questions about Siri to the company website, adding that Siri can also be activated using a headset or Bluetooth device.
Siri is not the first talk-to-me smartphone. But she's probably destined for fame because of her host, the incredibly popular iPhone 4S. And that fame will further complicate the already confusing legal landscape. State laws are all over the map when it comes to cell-phone use behind the wheel. Thirty-four states have banned texting while driving; nine others have made the use of handheld phones while driving illegal, according to the National Conference of State Legislatures. While no state has outlawed all phone use in the car for adults, California and others has done so for drivers under the age of 18.
As is often the case with legislation trying to catch up with technology, Siri may be a bit ahead of her time. On one hand, Apple, which did not respond to a request for comment Wednesday, will have to make her even smarter so that she can speak driving directions instead of making the user read them, risking a ticket in the process. State law, too, will eventually have to adapt to the burgeoning world of voice-activated smart-phones. State Sen. Joe Simitian, D-Palo Alto, who wrote the hands-free and texting laws enacted in 2008 and 2009, could not be reached for comment. But a bill he authored that would have increased fines and made a second offense a moving violation was vetoed by Gov. Jerry Brown in September.
In the meantime, when in doubt, keep your mobile conversations with Siri to a minimum, says Sgt. Trent Cross with the California Highway Patrol.
"You shouldn't be using Siri or playing with your lap dog or putting on makeup while you're driving," says Cross.
"Lives are lost when people get distracted. That's why we highly discourage drivers from doing anything except driving while they're driving."
Article from: http://www.mercurynews.com/business/ci_19208500
