Um because many people use phones in cars who are "not" driving. How are companies suppose to determine when a phone is being used by a driver vs the passenger

Um because many people use phones in cars who are "not" driving. How are companies suppose to determine when a phone is being used by a driver vs the passenger right next to them or the people in the back seats? For someone not driving there are countless good uses such as taking photos/video of sights, games, directions and more such as calling someone for an address, or for reporting your own or someone elses emergency. Trying to ban it will never work since people will always find a way around it or even worse alternatives, and any company that does, another company will exist or popup offering the ability. Just like with the industry trying to stop illegal music downloads it was futile to stop them until instead the provided a better alternative (cheap streaming, easily accessible high quality music). In the case of cars, Apple and Google are hoping to entice users into using safer more convenient options that holding a phone in their hand, with CarPlay and Android. The downside being it will take a long time before the average person has a car with that available.