When driving with GPS is against the law

We love our GPS navigation devices, if only because they spare us from begging for directions from clueless strangers. And whether we get our GPS data from a stand-alone personal navigation device or a smart phone, we can rest assured that they are legal in all 50 states, unlike, say, radar detectors.

Well, not always. GPS devices are covered under distracted-driving laws. Whether you’re in compliance depends on how you use them, even how you install them. And failing to follow the rules is not only expensive in terms of tickets, points against your license, and higher insurance premiums, it can also be dangerous.

According to the National Highway Traffic Safety Administration, 421,000 people were injured in motor vehicle crashes involving a distracted driver in 2012 (those are the latest figures available) and 3,328 of them died. Those figures include many forms of driving distractions, including texting, grooming, and fiddling with the in-dash radio. And, yes, GPS apps were involved in some of those crashes.

Jerry Levine, a New York City-based attorney specializing in traffic-violation cases, says the growing popularity of smart phones has kept him busy. “A lot of people think it’s okay to hold an iPhone in your hands and use it in GPS or speakerphone mode,” he said. “That’s not only illegal, but a good way to get injured or killed.”

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Even if you escape injury while doing that, you are risking a substantial amount in fines and other penalties. For example, in New York State, improper use of a cell phone while driving can slap 5 points on your license, which not only carries penalties of its own, but can also help propel you into a new category of penalties, New York’s Driver Responsibility Assessment, a fee that can be as high as $750 to be paid off in three years. In New York, your license to drive goes bye-bye when you accrue 11 points.

Wherever you live, here's what you can do to avoid trouble.

Go hands-off

While law specifics vary from state to state, one situation is always illegal: holding an electronic device, including a phone, while operating a motor vehicle.

“The way the laws are written,” Levine said, “if you’re holding an electronic device in a prominent manner, there’s a presumption that you’re using it.” But cops don’t have to see the device. Sometimes all it takes is for them to see that you don’t have both hands on the wheel.

If you need to make a call, send a text, or program your GPS, do it before you leave, or pull into a safe place on the side of the road. Some states, such as New York, do make allowances for medical and other 911 emergencies.