They do mind, there just isn't a clear cut of a solution they can force someone to put into code. You can't reliably detect if the phone is being used by the dr

They do mind, there just isn't a clear cut of a solution they can force someone to put into code. You can't reliably detect if the phone is being used by the driver or by a passenger. Without being able to make that distinction, it's nearly impossible to force phone software makers to write rules preventing "illegal" phone use in situations where it is illegal. Instead, they punish using verifiable methods such as direct observation (cop sees you doing it). The situation may be similar for recording calls (I'm not familiar with exact laws in this area), but I'm assuming there are also privacy restrictions in calling which lead to the software restrictions.