Sure they can Harvey ! That was the point of the rhetorical question! And you bought into it hook-line-&-sinker Therefore, what does that tell you ? Why is THAT "law" different from the texting law, which .... I think you'd agree, you would NEVER get someone to wink and say "go ahead and text while driving". And again, this too is rhetorical, I already know the answer, and it brings us full circle again back to my premise
Texting while driving has nothing to do with metal detecting. You aren't very likely to cause a death or serious injury with a metal detector. Using any attention distracting device while driving, can result in serious accident and death. Absurd comparison, to minimize admission of guilt... There are hundreds of rules on most any cities books, for which you can be fined, but they issue permission daily, usually for a fee, somethings just have to ask, and they give you some literature about what they expect from the homeowner (fence issue I corrected 22 years ago, permit didn't cost a thing).