In the modern world of gadgets, probably every adult has a mobile phone. This device makes life much easier and is our companion wherever we are: at school, at work, at home, on the streets of the city. Needless to say, a mobile phone is an irreplaceable thing. However, in some situations, a mobile phone can become a source of danger, problems and financial expenses. We are talking about using a phone while driving a car.
As statistics show, accidents most often occur in a situation where the driver’s attention is not focused on driving the car, and his reaction to changes is delayed. This is especially true for novice drivers who are still have no experience and have not developed reactions and driving skills. Very often, the reason for driver inattention is the use of a mobile phone while driving. This reduces the reaction speed and concentration of the driver.
Moreover, talking on the phone increases the risk of an accident by 4 times, and typing or reading a message by 6 times. Talking on the phone while driving is compared to driving while drunk. If a person crashes a car, it’s not so bad. Well, what if people die due to the fault of a driver with a phone in his hands? Or will they become disabled as a result of an accident? There is something to think about.
To reduce road accidents caused by talking on a mobile phone, The traffic police classified this action as a traffic violation., introduced a fine and administrative liability
Evidence of the driver's guilt
Although the relevant documents provide for a fine for talking on the phone while driving, it is not easy to prove. Especially if the driver denies it. And as statistics show, fines for this violation are rarely issued. To prove the driver’s guilt, the traffic police inspector may resort to the following evidence:
- photo,
- video,
- witnesses,
- details of calls from a mobile operator.
The most significant evidence will be the detail. When drawing up a report on the violator, the inspector records the exact time of the incident. And then, after requesting details, it looks to see if the call was made during the violation.
The same materials and witnesses can be used by the driver to prove his innocence if The traffic police inspector is unfairly trying to issue him a fine. for talking on the phone while driving. In the protocol drawn up by the inspector, the driver should record his disagreement and involve his passengers as witnesses, if any.
In addition, the driver can use the recording of his DVR, since this device, most often, records not only video, but also sound. That is, all conversations taking place inside the car are recorded. And, if the inspector is clearly finding fault, you can show the recording and prove your innocence. If a fine is nevertheless issued, the driver has only 10 days to appeal it.
Regulation of violations and fines
The grounds for issuing a fine for using a mobile phone by a driver while driving are:
- Traffic Laws
- Code of Administrative Offenses (CAO)
Administrative liability and fines were introduced by the Code in 2007. And also in the traffic rules (clause 2.7) the actions that cannot be done by the driver while the car is moving, including using the telephone.
Moreover, if you are talking through a special headset (wireless or wired) inserted into your ear, that is, your hands are not involved, then this is not considered a violation. At the same time, if you did not talk, but wrote SMS or used any other function of the phone, this is also punishable by a fine.
Some owners of foreign cars believe that this ban does not apply to them. This is wrong. The car brand and gearbox type do not play a role here. There is another option using a mobile phone without the threat of getting a fine is a hands-free call. You can purchase a special phone holder for your car. The phone will be at hand, and you can always answer the call and talk by putting it on speakerphone.
It is allowed to use a mobile phone if the car is parked or stopped at a red traffic light. This is not a violation.
The fine for talking on the phone while driving is set by the Administrative Code at 1 thousand 500 rubles. We remind you that the new Rules have a concession for drivers who have been issued a fine. If the offender does not delay payment of the fine and repays the debt within 20 days from the date of receipt, then he pays only half of the amount. In case of a fine for talking on the phone, it will be 750 rubles.
In fact, this is not such a big number. Unless it caused an accident in which someone was injured, disabled, or died.
A mobile phone is a necessary thing, especially when a person is on the road. But in this case, it can become not only a way to maintain connections with loved ones. There is a penalty for using a mobile phone while driving. This practice exists in most countries of the world and is absolutely justified.
Read in this article
Why talking while driving is dangerous
Driving a car is a job that requires high concentration and attention from a person. This is also important on a deserted road, especially where there is heavy traffic. A ringing cell phone forces you to lose control of the controls for several reasons:
- The signal itself, if it is loud, makes the driver flinch. This alone can provoke incorrect control actions and a violation of the vehicle’s trajectory.
- During a conversation you have to hold the receiver near your ear. That is, the driver holds the steering wheel with one hand, and this will prevent him from driving the car on a slippery surface, or from performing a maneuver that suddenly became necessary.
- Conversations and other activities with a mobile phone distract attention from what is happening on the road. The driver may not notice an obstacle, a sign, a marking, another car or a pedestrian, and cause an accident.
A few seconds during which attention is paid to the phone is enough for something irreparable to happen. There are statistics in the USA about how many accidents are caused by talking on a mobile phone, sending and reading SMS while driving. For example, in 2011, more than 300 people died in this country and about 400,000 were injured due to the fact that a driver was simultaneously holding a phone to his ear, talking or sending SMS.
American scientists have proven that talking on the phone while driving increases the likelihood of an accident by 4 times, and writing a message – by 6. The danger of using a mobile phone in this way is almost equal to the consequences of drinking alcohol before getting behind the wheel.
How can traffic police officers prove a violation?
It seems to many motorists that it is not difficult to “excuse” the claims of a traffic police inspector regarding a telephone conversation while driving. All you have to do is turn off the device and declare that it was not used. And car passengers will be happy to confirm that the traffic police officer was mistaken.
In fact, there is a 100% way to prove a violation. The service employee can request from the company whose SIM card the driver uses a printout of his conversations. If the time of the telephone conversation coincides with the time at which the driver was stopped, he will have to answer.
A request to the cellular company can be sent within 2 months. And directly on the road, the inspector will draw up a protocol, which will include the exact time of the violation. If the driver does not sign the document, but the fact is confirmed later, liability cannot be avoided.
In addition, traffic police officers are usually on duty as crews. One inspector records the violation and draws up a protocol. And another can act as a witness if he observed the driver using a mobile phone while driving.
Do not forget that a traffic police officer may have a video camera that will film a motorist with a pipe in his hand. And if this moment ends up in the records of the automatic system installed to record traffic violations, he will definitely have to answer.
A clearly stated restriction on using a mobile phone while driving exists in subclause 2.7 of the traffic rules:
The driver is prohibited... from using a telephone while driving that is not equipped with a technical device that allows hands-free negotiations...
The punishment for this while driving a car without observing special conditions is regulated by Article 12.36.1 of the Code of Administrative Offences:
The use by a driver while a vehicle is moving of a telephone that is not equipped with a technical device that allows hands-free negotiations shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.
Moreover, we are talking not only about conversation, but also about writing, sending and reading text messages. It's just as distracting as the conversation.
Russian drivers should not be offended by legislators who set such a fine. The same offense in the UK and Greece costs violators 100 euros, in Italy – 160 or more, Spain – 200. In Germany, talking on the phone while driving costs from 40 euros. Moreover, the German driver will pay them to the state even if the mobile phone is in his hands while the engine is running, while the car has not yet moved.
About the fine for talking on the phone while driving, watch this video:
Is it possible to challenge
A fine for a mobile phone, like any other, makes sense to appeal if the motorist feels he is in the right. Within 10 days after drawing up the protocol, he can submit a corresponding application to the traffic police department where the inspector who issued the fine works, addressed to his boss. The complaint can also be sent to the court in the district in which the service office is located.
Challenging a fine must be supported by arguments in favor of the driver’s innocence, for example:
- the phone was in your hand while stopping at a red light or in a traffic jam, and not while driving;
- the motorist did not use it, but simply decided to move it to another place;
- the device was broken, so the driver could not talk or send messages on it;
- a printout of conversations confirms that the phone was not used at the time specified in the protocol (the owner of the SIM card can also request it);
- The driver’s mobile phone was left at home, so during the period of the violation it was not the owner who was talking on it, but a member of his family.
If the motorist really did not talk on the phone while driving, he will be able to prove it if he wishes. There is a well-known case of a German truck driver who simply put his cell phone to his ear to calm his otitis media. He was given a fine, but he proved that the punishment was unlawful. After all, there was no phone call, about which the cellular company issued the driver a certificate for the court.
How to talk correctly on the road
If a person has to communicate a lot and at the same time be driving a car, he can use three methods:
- buy a “hands free” device that allows you to talk without holding the receiver in your hand or putting it to your ear;
- turn on the speakerphone on the device;
- pull over to the side of the road and stop for a conversation where there are no prohibiting signs.
A modern person spends a lot of time in his life with a mobile phone: conversations, SMS, games, etc. Many motorists are not separated from their phone even while driving, and this can lead to a traffic accident.
Therefore, the law prohibits the use of a telephone while driving, an unequipped device that allows you to talk without holding the receiver in your hands. In this article we will look at the fine for talking on the phone while driving.
Car accident statistics highlight the main cause of road accidents as the carelessness of motorists.
The list of factors that distract the driver from the traffic situation includes mobile phones. The first place in the ranking of distracting situations associated with smartphones is occupied by conversations.
Unexpected news or a difficult question forces you to concentrate on them, and, accordingly, distracts you from the road for a while. SMS comes in second place. To read them, the car enthusiast must switch his attention from road traffic to the smartphone screen. Some extreme sports enthusiasts continue to play games even while driving.
The sad statistics of road accidents have led legislators to develop rules for the use of mobile phones while driving.
New fine for talking on the phone while driving.
Clause 2.7 of the traffic rules provides that the driver behind the wheel has the right to use only a telephone equipped with a headset - a special technical device that allows you to talk without using your hands.
Headsets are produced in two types: with the use of wires and without their use, when the device clings to the ear. Using any of them allows the driver to have a conversation on the phone and control the car with his hands. A motorist who talks on a mobile phone while driving without a headset will face a fine.
Expert opinion
Natalya Alekseevna
To avoid punishment, for using a mobile phone that is not equipped with a special device, you will have to stop after an important call and then talk. While parked, the driver has the right to talk or write SMS messages on a smartphone that does not have a headset.
Features of punishment
It should be noted that in Russia, drivers are very rarely issued an administrative fine for making a telephone conversation on a mobile phone without special devices that allow them to avoid using their hands.
The fact is that the traffic police inspector will be able to fine for such an offense only if he has a photograph, video surveillance recording or witness testimony.
In other words, it is necessary to prove that the driver was using the phone while driving. The inspector has the right, within 2 months from the date of the alleged violation of the road rule, to make a request to the cellular communication company about the details of the driver’s calls.
If the time of the telephone conversation is before the time of the traffic stop, then the offense is proven, and a fine is issued to the motorist. Therefore, drivers should regularly check the traffic police database for unpaid fines.
Everyone will be interested to know what fine the traffic police will issue if they discover that a motorist is driving with one hand and holding a phone in the other, which he is talking on. For such an offense a fine of 1,500 rubles will be imposed. The article does not provide for any other punishment for the violator. Let's consider how much administrative fine you can pay, knowing the changes in legislation.
Since 2016, Part 1.3 of Art. 32.2 of the Administrative Code, which allows you to take advantage of a 50% discount when paying fines for certain offenses. For talking on mobile phones while driving, the offender can take advantage of a discount.
He must make the payment within 20 days from the date of the decision to impose an administrative fine. A discount is a benefit that the driver can use only if desired.
If he deposits the entire amount, for example, due to ignorance of the innovation, then half of the money paid will not be returned to him.
Is it possible to challenge the imposed penalty?
Survey of drivers about mobile phones while driving.
A traffic police inspector will not be able to issue an administrative fine to a motorist who was talking on a smartphone while driving while holding it in his hands, when he denies violating a traffic rule and he has at least one witness.
But before you start categorically denying the offense, remember that the inspector may be particularly persistent and request details of calls.
Based on information provided by cellular companies, fines are issued, despite the motorist’s failure to admit guilt and the testimony of a passenger in the car. Therefore, until you purchase a headset, use the speakerphone function.
Modern phones have very good speakers and microphones that will allow you to have a conversation without any interference and avoid a fine.
Bottom line
According to new road rules, a driver behind the wheel can only use a phone equipped with a special device that allows hands-free conversations. For ignoring the rule, a fine of 1.5 thousand rubles is provided.
But an administrative fine can be imposed on a motorist only if there is evidence of a violation: photos and videos, witness statements, transcripts of calls. Good luck on the roads!
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Thus, a harmless action can cause an emergency. It is for these reasons that traffic rules prohibit using a phone without a headset while driving. According to clause 2.7 of the Russian Federation Traffic Regulations, the telephone must be equipped with a special technical device that allows you to conduct a conversation without using your hands. for the phone while driving in 2019 is 1500 rubles.
You are also prohibited from using other phone functions that require your hands. This could be writing SMS messages, searching for contacts or other information of interest. However, drivers often neglect this rule. In this case, they must be prepared for a fine; in 2017 it was equal to 1.5 thousand rubles.
When you don't face a fine for talking on the phone while driving
It is worth noting that talking on the phone while driving is prohibited only while driving. This decision is regulated by clause 2.7 of the Traffic Regulations of the Russian Federation. If the car is stationary, you can hold the phone in your hands. During the journey, the driver may stop due to an accident, at a red traffic light, in a parking lot, or when getting in and out of a car. In these cases, you can talk on the phone and hold it in your hands.
In case the conversation is urgent and there is no way to stop, you need to use a speakerphone or a hands-free headset. You can also make a video call if possible, but in this case the driver’s attention should be on the road, and not on the interlocutor. In these cases, you will not be fined for using a phone while driving.
How to avoid a fine for using your phone while driving if you have already been stopped
If a traffic police officer stops you because you were talking on the phone while driving, you must first ask for evidence. For example, if the driver spoke on the speakerphone, a camera or video camera installed on the road could be a solution to the conflict.
In case of disagreement between the parties, it is also possible to draw up a protocol of violation. Pay attention to the main points of the protocol:
- The designated time and place where the violation will be dealt with.
- The presence of witnesses. They may be car passengers.
- The driver’s disagreement with the violation charged to him should be noted in the explanation column.
If you weren’t talking on the phone at all at the time of your arrest, you need to confirm this fact with a printout of calls and SMS from your operator. A printout must be provided to the traffic police during the consideration of the violation. The absence of calls at the time of interest will be confident proof of the driver’s innocence.
If for some reason you are nevertheless found guilty and given a fine for talking on the phone while driving, the inspector’s decision will confirm this charge. Like a court decision, this decision can be appealed within ten days. This right is established by Art. 30.3 Code of Administrative Offenses of the Russian Federation.
According to statistics, almost every accident occurs due to the driver’s inattention: he did not notice another car, a pedestrian, or drove through a prohibiting traffic light. But it also happens that other factors influence the driver’s attentiveness. For example, a passenger was distracted or a mobile phone was ringing, which seriously affects the assessment of the traffic situation. Both are prohibited by traffic rules (in the first case, this is paragraph 5.2, and in the second, 2.7).
The most common thing a driver is distracted by while driving is the phone, since when it rings the driver reacts reflexively. And the rules when driving a car prohibit not only talking on the phone, but also using other functions that require the use of hands.
Let us pay attention to paragraph 2.7 of the traffic rules, which lists what is prohibited for the driver while driving a car.
Namely:
Be in a state of alcoholic intoxication;
Transfer control of the vehicle to a person who is intoxicated;
Cross and fit into organized columns;
Use your phone while driving, except for phones equipped with a hands-free communication device. (hands-free communication devices refer to telephone headsets, which are divided into two types: wired and wireless).
Penalties
For using a telephone while driving in accordance with Article 12.36.1 of the Code of Administrative Offences, a fine of 1 500 rubles
So if you urgently need to use the phone, you will have to make a stop, but only where it is allowed. Otherwise, there is a penalty and a fine for stopping in the wrong place.
