Mobile phone use behind the wheel
The mobile phone is ever-present on the streets and is no longer just used to make phone calls. Smartphones allow you to use all kinds of apps such as Facebook, Whatsapp, Snapchat and... Pokémon Go.
It is common knowledge that phoning behind the wheel is prohibited. But it is also forbidden to ‘use’ your smartphone in other ways, such as sending a text message, using apps, etc. A study by the BIVV would show that one young person in five uses his or her smartphone behind the wheel. This does not involve making calls so much as using popular apps such as Facebook, Whatsapp and Snapchat.
When calling, it is still too often done without using a hands-free kit. Moreover, it appears that a lot of people regularly reach for their smartphone even on the motorway. Finally, a lot of people use their mobile phone in traffic jams, at red lights or at level crossings. Using the mobile phone can obviously be useful, for example to report an accident or call the breakdown service, but while driving, the mobile phone is especially dangerous. For example, the accident risk increases by as much as 75% when talking on the phone with mobile phone in hand or sending a text message!
Since 1 July 2000, it has been illegal to use a hand-held portable phone while driving, unless you use a hands-free kit. The Law of 24 January 2022, which updates the regulations on the prohibition of electronic communication devices in traffic, provides innovation on this matter.
‘Except when his vehicle is stationary or parked, the driver may not use, hold or manipulate a mobile electronic device with a screen unless it is attached to the vehicle in a holder provided for that purpose.’
Legally, it is allowed to use your smartphone to make a call when your vehicle is stationary or parked. However, when you are in a traffic jam, in front of a red light or a level crossing, your vehicle is legally neither stationary nor parked. In such situations, you are therefore not allowed to use a mobile phone or smartphone. Indeed, the term ‘stationary’ refers to a vehicle that comes to a voluntary halt, with the halt lasting no longer than necessary for people to enter or exit the vehicle or for the loading or unloading of goods.
From now on, the law no longer only refers to a portable phone, but also targets other mobile electronic devices. From now on, e-readers, tablets, laptops and game consoles, among others, are also covered by the ban. Of importance is the word ‘mobile’; using the word mobile in the offence description indicates that built-in devices are not covered by the ban.
Furthermore, merely holding and manipulating the mobile electronic device is also prohibited. Indeed, in the context of enforcement, it was difficult to determine whether someone was effectively using their portable phone or simply holding it in their hand. Prohibiting both behaviours facilitates enforcement. Moreover, it also makes it possible to penalise the use of a phone without holding it in the hand. For example, consider someone making a call with the phone between head and shoulder or sending a text message while the phone is on the passenger seat.
The legislator does provide an exception, which allows the phone to be used in traffic in a relatively safe manner. If the device is attached to the vehicle in a holder provided for this purpose, it may be used. The legislator deemed this desirable because the difference with a built-in multimedia system is only minor in this situation. Fastening should be done in such a way that the device is stably attached, so fastening with a charging cable is insufficient.
‘Every driver must be able to steer, and possess the required physical fitness and the necessary knowledge and driving skills. He must always be able to carry out all necessary driving movements and constantly have good control of his vehicle or his animals.’
The use of the mobile phone and/or other multimedia devices, which may affect your ability to drive, is therefore also punishable under this provision. It is also possible that one does not violate section 8.4 of the Highway Code because the device was attached in a holder intended for that purpose, but that one does violate this provision.
So catching Pokémons behind the wheel is not allowed, even if the phone was attached in a holder provided for that purpose!
The consequences of using a mobile phone behind the wheel
If the police catch you red-handed with your mobile phone behind the wheel, they can impose a fine of EUR 174.00 (+ any administrative costs) via immediate collection. In addition, the police can immediately revoke your driving licence, for a period of 15 days, in control actions. If your driving licence was immediately revoked, you will always have to appear in court afterwards, the police judge will then pronounce a further penalty.
If the case goes to court, the fine can amount to a minimum of EUR 240.00 and a maximum of EUR 4,000.00. The judge can also pronounce a ‘forfeiture of the right to drive’, also called a driving ban, for eight days up to five years.
If you fall under the category of ‘young drivers’, i.e. you have had your driving licence for less than two years, stiffer penalties apply. In this case, you will always have to appear in court and also always temporarily lose your driving licence (for eight days to five years). Moreover, you will have to retake the theory or practical exam to get your driving licence back.