Just my opinion but if the phone is on the passenger seat then he’s hands free whilst talking to you (and therefore legal).
But.... at the point where he double taps the home button there could be an argument that he’s not hand free, unless the phone is in a cradle on the dashboard maybe (but you’d have to check the law around that)? So if he has an accident whilst instigating the call there could be an issue, or he’s seen with the phone in his hand at any point in time!
Probably a better question would be is he safe to drive whilst talking to you - he may be legal but that doesn’t mean he’s safe!!
Cheers
Simon
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