Having the phone tucked away streaming music, or in a holder in turn-by-turn GPS mode is hardly "fucking with their phone while driving".

Please reread GP's scenario (from "have to divert attention") - you have misunderstood me.

You can't use it as a passenger, either.

You're assuming that someone who uses it for navigation or to stream music to listen to is 'fucking with their phone'. As either OP or one of the other comments on here noticed, it will not effect people who are talking on their mobile phone, only those who have left it plugged in; ie. those who are obeying the law will be penalized, while those who aren't remain a danger to others.

Calm 'the fuck' down.