Studies have shown time and time again that distracted driving is a significant contributor to accidents on the road. Whether it be reading a text message or glancing at the latest notification, taking your focus away from the road is never a responsible move. And while in some states you may still be able to get away with such behavior, if you’re caught handling a phone in California, you’ll be on the hook for violating handsfree law.
So, when Elon Musk took to social media platform X to livestream himself during what appeared to be him driving, you may expect some form of fine to be headed his way — or at the very least, an inquiry. But according to the Palo Alto Police Department, Musk will be getting away scot-free.
In an email to The Verge, Palo Alto PD Captain James Reifschneider confirmed that Musk’s behavior may have flouted Californian state law, and if it was observed by an officer then an infraction ticket would have been the order of the day. However, the operative word in all this is “observed.” As Musk was not caught in the act by a police officer, the police will not be issuing a fine.
See Also: Michigan Senate Votes To Ban Phone Use While Driving, But What About Touchscreens?
During the Livestream, Musk certainly appeared to be in control of the car, having turned the camera on himself, and also deactivating Full Self Driving to avoid the Tesla running a red light. But despite the millions of viewers present on the X stream, police captain Reifschneider explains why his department won’t be chasing up the billionaire.
The police department must be able to verify the driver’s identity and license, as well as note the license plate and VIN as part of the citation. An officer also “needs to be prepared to testify in court about what they personally observed (namely, that they saw the phone in the driver’s hand),” he wrote.
It’s not the first time a public figure has courted controversy for driving while videoing themselves. In 2021, Ohio state lawmaker Andrew Brenner was observed driving while participating in a virtual government meeting — ironically, on the same day a bill to ban distracted driving (including texting and livestreaming) was introduced.