Fine for using a mobile phone while driving. Talking on the phone while driving: what you need to know? Danger of talking on the phone while driving a vehicle

And in 2018 its size is 1.5 thousand rubles. A receipt is sent to the violator by mail.

In practice, such fines are rarely issued. It is quite difficult to prove that a violation occurred. The traffic police officer is obliged to provide video or photographic materials confirming the driver’s guilt. And also support them with testimony.

To draw up a protocol and impose a fine, you must have corpus delicti. If no filming was taken, and the driver claims that he did not talk on the phone while driving and these words are confirmed by the passengers in the car, then bringing the offender to justice under Article 12.36.1 of the Code of Administrative Offenses is not always possible.

How is a violation recorded and the driver’s guilt proven?

With a high degree of probability, the traffic police inspector will be able to prove the driver’s guilt if he provides:

• details of calls from a cellular operator;
• witness statements;
• photo materials or video recording the fact of the violation.

When drawing up a protocol, the employee records exact time incidents. Next, a request is made to the company that services the offender’s cell number, with a requirement to provide call details. If the time of telephone conversation and stop vehicle approximately the same, then for the driver will be imposed fine. This is one of the most powerful pieces of evidence that a traffic police inspector can resort to if the offender categorically denies his guilt.

Guard service officers can use the testimony of witnesses. They are often represented by other drivers who were stopped shortly before. They can confirm the inspector's words.

Photo and video recording is often carried out both from patrol cars and directly by traffic police officers. Such records are direct evidence of guilt and the basis for bringing the offender to administrative responsibility.

If the driver is confident in his innocence and believes that the inspector is unreasonably picking on him, then in response he can provide a recording of his DVR. Such devices, along with video, also record sound, so all conversations inside the car are recorded with a time stamp.

Attention! Reading or sending text messages while driving is even more dangerous than talking. And it increases the likelihood of an accident by 6 times, as it distracts the driver’s attention from the road for almost 5 seconds.

The State Traffic Inspectorate reminds that talking on a mobile phone without using a special headset, sending SMS, reading from the phone screen while driving a vehicle strictly prohibited. If the violation is established and proven, the driver faces a fine of 1.5 rubles.
This fine can be paid.

What should a driver do if he urgently needs to answer a call?

Regardless of the importance of the call, liability for violating clause 2.7 of the traffic rules lies with the driver cannot be removed. If you need to talk urgently cell phone, you must do one of the following:

• Stop the vehicle at the nearest authorized place and, without breaking the law, calmly use your mobile phone.
• While driving, turn on speakerphone on your phone.

Most mobile phones have this feature. This will allow you to talk without using your hands.

• When answering a call, use a Bluetooth headset.

Even though the call may be urgent, following road safety rules when driving is much more important. If you have nowhere to stay, there is no headset and the phone does not support the function speakerphone, then the call should be ignored. And later contact the desired subscriber at the first opportunity.

The dangers of talking on the phone while driving

During a conversation on a cell phone, the driver has 1.5 seconds slows down reaction. If a car moves at a speed of 60 km/h, then in this short period of time it will have time to travel more than 20 meters. In an extreme situation, such a delay can lead to unpredictable consequences.

Important! Holding a phone in one hand and driving a car with the other, a person is unable to react in a timely manner to a car suddenly braking ahead or a traffic light changing.

The driver begins to look in the rearview mirrors less often, his attention is scattered.

The results of the research eloquently indicate the following:

• Talking on a mobile phone leads to a 50% decrease in drivers' attentiveness.
• Every twentieth accident is associated with talking on a cell phone while driving.

People who are responsible for a traffic accident often admit that they were distracted by a call or were talking on the phone while driving.

• In 9 out of 10 drivers, the function of external attention decreases and control over the situation on the road is weakened while simultaneously talking on a cell phone and driving a car.
• When talking on the phone, peripheral information is ignored, the driver concentrates only on the lane.
• Men and women are equally susceptible to losing attention on the road when talking while driving.
• A telephone conversation increases the driver's heart rate by about 5 beats per minute.

Reference! Talking on the phone while driving is illegal in the USA, Canada and most European countries.

How to avoid punishment for violating the ban on using a phone while driving

When imposing a fine for using a mobile phone while driving, they are guided by the following regulatory documents:

• Code of Administrative Offenses (CAO);
• rules traffic.

The best way to avoid punishment is not to break the law. Lawyers give advice on how to don't get it fine:

• Buy a phone with a speakerphone function and Hands Free headset.
• You can only get a fine if you use a mobile phone while driving. When stopping at a red traffic light, in a traffic jam, on the side of the road or in a parking lot, calling, reading and sending SMS is not prohibited.
• If you need to answer an urgent call and don't have a headset, you should find the nearest authorized place and park. Then make the necessary call.
• If a traffic police inspector stops you with a claim that you were using mobile phone, need to demand evidence offenses. Let him show a photo or video where this is clearly visible.
• If the driver did not actually talk on the phone, you should show your cell phone to the inspector. Modern models record the time of all incoming and outgoing calls.

To appeal the unlawful actions of a traffic police officer and the imposed fine, you must write an application to the court at your place of residence within ten days.
When getting behind the wheel of a car, every driver must be aware of responsibility not only for his own life, but also for the safety of other road users. Caution and following the rules should always come first.

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Here they talk about the consequences of talking on the phone while driving:

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A sanction is imposed for the use of a telephone by the driver of a car, if the driver is not equipped with a speakerphone. But it's simple. And the law works strictly according to the “letter” of regulations.

And in this context, we will analyze the legislation in force for 2019 on such a fine.

What does the law say?

According to the norm of paragraph 2.7 of the traffic rules for 2019, the driver is prohibited from using a phone while driving if it is not equipped with a device that allows you to talk without using your hands:

2.7. The driver is prohibited from:
use a telephone that is not equipped while driving technical device, allowing you to negotiate hands-free;

According to Article 12.36.1 of the Administrative Code? current for 2019, violation of the above paragraph and the use of a telephone while operating a car by a driver is punishable by a fine of 1,500 rubles:

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.

What's wrong?

If you carefully read the wording of both quotes, you probably saw a possible loophole in both the traffic rules and the Administrative Code.

The fact is that the text of both legal acts implies that the phone must be equipped with a device to allow hands-free conversation. But the talk is that in at the moment You are required to talk hands-free on the phone while driving, no.

Based on the logic of clause 2.7 of the Rules, provided that the phone is equipped with a device for conversations without the use of the driver’s hands, then you can use such a phone, and there will be no fine for using the phone while driving. But the wording itself does not oblige the driver to use this particular loud-speaking device. You can still talk on the phone, holding it to your ear, type SMS and text messages via the Internet, surf the browser, and so on.

Thus, a device that allows hands-free talking on the phone simply needs to be in the phone, and it is not necessary to use it. If the phone is equipped with such a device, then you can talk on it as usual.

What is this device?

Needless to say, almost any smartphone in 2019 is equipped with such devices. These include not only the function of connecting via Bluetooth to the phone's car speakers, but also the usual hands-free function directly on the mobile phone. After all, in fact, a loudspeaker is nothing more than a device that allows you to conduct a conversation without using your hands.

What's the result? If the phone is equipped with a loudspeaker, then you can talk through it. Moreover, it is not necessary to turn on this very loudspeaker - you can do it classically, pressing the phone to your ear.

How in practice?

But it's time for bad news! A traffic police officer, seeing from afar how you are talking on the phone next to your ear, will stop you and fine you for using a phone while driving. He will not be interested in the above arguments.

What’s even worse is that the elements of the offense will most likely be seen by those considering the case officials or judges. This is exactly the case when the law does not work in favor of the driver. Similar to deprivation of rights for xenon/LEDs or issuing requirements for tinting, when the punishment does not comply with the norms and text of the law. All this is evidenced by the judicial practice of challenging decisions under Article 12.36.1 of the Code of Administrative Offenses for talking on the phone.

Is it possible to just write SMS?

In practice, you can be fined for this as for talking on the phone, which is quite logical, according to the word “use the phone” from the prohibition of clause 2.7 of the traffic rules. Thus, we are talking not only about talking on such a phone, but in general about its use (operation).

Thus, in 2019, it will not be possible to prove the illegality of a fine for a telephone if you really talk on it while holding it to your ear, but indicate in the complaint that there was no conversation on it, but simply, for example, you were listening to your favorite music.

At least that's how court practice works. Here is an example and another court decision on appealing a fine for using a cell phone while driving.

However, in judicial practice, if you do not mention that you used the phone, but simply state that you did not talk on it while driving, and in support of appealing the fine, attach a printout of telephone conversations, which will show that during the violation specified in the resolution and/or protocol, there were no telephone conversations, then such a complaint can be satisfied.

What if we say that this is not a telephone, but a walkie-talkie?

Indeed, it is forbidden to talk on the phone, but it is not forbidden to do so, for example, on a walkie-talkie or other similar devices! And the traffic police inspector does not have the technical ability and qualifications to determine what is in the driver’s hand.

And here the situation is very twofold. According to the definition of the term " telephone"according to Ozhegov's dictionary:

Telephone - a communication system for transmitting voice information over a distance using electrical signals by wire or radio.

That is, an ordinary walkie-talkie also falls under the definition of a telephone.

On the other hand, the official response of the traffic police to this matter directly indicates that it is still possible to talk on a walkie-talkie while driving:

However, this is just a response from the deputy head of the traffic police department, and it is not a precedent or a guide to action when stopped by traffic police officers on the road in 2019.

If you stop to talk on the phone?

In fact, the 2019 traffic rules prohibit using a phone while driving precisely while driving - specifically “while driving.” Does this mean you can stop and talk on the phone? Yes, you can.

But we are talking specifically about a deliberate stop specifically for this purpose in a permitted place. If you stopped at a red traffic light, are stuck in a traffic jam and made similar technical stops and decided to pick up the phone and talk on it, then with a high degree of probability a fine for using the phone while driving will be issued, and you will not be able to successfully appeal it. The basis here is simple - the body considering the case will simply say that the term “traffic” in the context of traffic rules and the Code of Administrative Offenses includes the entire process of road traffic, that is, it is equivalent to operating and controlling a car in the context of influencing the controls (and you, standing in a traffic jam or At traffic lights, keep the brake pedal depressed).

But even if you, as a law-abiding citizen, stop specifically to talk on the phone, remember that this will not always mean an alibi from the fine.

IN modern world 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 city streets. 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 a car in 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.

Which article in the traffic rules says about talking on the phone while driving?

⚡️What is the fine for talking on the phone while driving? What are the dangers of using a phone while driving? What is the fine for Telegram or Whatsapp for a driver?

The traffic police fine for talking on the phone while driving a car in 2019 is

Article 12.36.1 of the Code of Administrative Offenses of the Russian Federation

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The ban on using a mobile phone while driving a car since 2007 has been reflected in the Code of Administrative Offenses (CAO), Article 12.36.1 and directly in the traffic rules, paragraph 2.7. A 50% discount on fines for talking on the phone while driving is valid!

Talking on the phone in traffic rules

In the laws relating to motorists, as of 2019, there are only two references to the “telephone” (the Code of Administrative Offenses and the Traffic Rules are shown below in colored blocks). If your specific case goes beyond these two definitions, there is a real chance to avoid a fine by explaining the situation to a traffic police officer and asking to read out the rule of law.

Article 12.36.1 of the Code of Administrative Offenses of the Russian Federation

“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.”

Traffic rules of the Russian Federation clause 2.7

The driver is prohibited from using a telephone while driving that is not equipped with a technical device that allows hands-free negotiations.

The traffic rules prohibit a phone while driving, but there are no restrictions on tablets, walkie-talkies, video calls and instant messengers?

Liability for talking on the phone in a moving car was introduced in 2007. And the text of the law itself has been prepared since the early 2000s. Since then, technical progress has gone far ahead - smartphones (which are not fully telephones) have replaced dialers, special communication programs (messengers) have appeared, and some operator tariff plans do not provide for standard telephony at all.

While driving, Russians are increasingly using tablets, smart watches, electronic bracelets and other gadgets that have fallen out of the legal field. There is no traffic police fine for using these devices!

The use of so-called “telephones” has also greatly expanded - built-in navigation programs, cameras for shooting video and photos, flashlights and other assistants.

What specific functions built into a smartphone fall under the definition of “using a telephone”? The answer is not obvious to both ordinary Russian drivers and traffic police officers.

Where there are no clear rules there are no electronic systems control. It is impossible for the traffic police camera to “explain” at what exact moment of interaction with an electronic device while driving, the driver becomes a criminal.

In the absence of control devices, traffic police inspectors issue a fine for talking on the phone while driving.

According to unspoken rules, punishment awaits a moving driver who brings the phone to his ear during a call. The fine under Article 12.36.1 of the Code of Administrative Offenses of the Russian Federation is 1,500 rubles (with a fifty percent discount in the first 20 days, the fine is 750 rubles).

What to say to a traffic police inspector trying to issue a fine for using a cell phone while driving

The main rule is honesty. If you really were talking on the phone while driving a car, it makes sense to confess, quickly sign the documents and urgently pay a fine of 750 rubles (the fine for using a phone while driving is discounted in 2019).

Such an act may well save your life and health. After paying the traffic police fine, the desire to talk on the phone while driving disappears immediately and for a long time. And using phones while driving really leads to trouble.

If, in your opinion, there was no offense, but they still try to give you a fine for talking while driving, we suggest the following algorithm of actions:

1. Politely greet the traffic police officer
2. We listen to his position and ask him to correlate it with a specific clause of the Code of Administrative Offenses (in this case, Article 12.36.1 of the Code of Administrative Offenses of the Russian Federation)
3. List of possible excuses:

• “I have a smartphone, not a phone”
• “I didn’t use the phone (phone is a separate application on a modern smartphone), I used other functions of the gadget,”
• “My phone is equipped with a speakerphone system, the Code of Administrative Offenses does not say about its use, the main thing is that it is there - it is!”
• If it was a traffic jam - “I didn’t use my phone while driving, the car was standing still,”
• “I didn’t use the phone, I held it in my hand (this is not prohibited)/ put it in another pocket/ turned off the sound/ put it on charge.”

How to properly use a mobile phone while driving?

Both by law and by reason, it is unacceptable to use a telephone while driving a vehicle in the classic way - by holding the receiver to your ear. This not only distracts the driver's attention, but also “ties” his hands, slowing down the process of manipulating the steering wheel and gear lever.

As of 2019, by law it is permissible to talk on the phone while driving, if the handset mode is turned on “hands-free”, or the mobile phone is equipped with any type of “Hands free” system ( hands free).

Important to know!

“Hands free” usually means either a portable earphone connected to a smartphone via Bluetooth, or standard wired headphones with a microphone that come with the phone.

The most optimal way from a safety point of view is to talk on the phone in a stopped car.

What is the fine for talking on the phone while driving?

In 2019, the fine for talking on the phone while driving a moving car is 1,500 rubles (with a discount of 750 rubles). From time to time they want to modernize the law, add clauses about other electronic devices and programs, but changes have not been adopted at this time.

Now, in 99% of cases, traffic police officers fine drivers directly for making a voice call, provided that the smartphone or phone in the hand of the driver of a moving car is brought to his ear.

Most often, drivers who are “caught” at the scene of a crime do not make excuses and admit their guilt. It is difficult to oppose something to the inspector when, while talking on a mobile phone, your eyes lock on each other.

If a driver accused of talking on the phone while driving denies the fact of the telephone conversation, it is quite difficult to prove the opposite. The inspector, of course, has the right to request a printout of calls from the mobile operator, but without photo or video confirmation, the collected data may not affect the court’s decisions. And photographing drivers talking on the phone is quite difficult.

The fine provided for talking on the phone while driving is often supplemented by other fines: punishment for driving on a dedicated line, driving under a sign or running a red light, etc.

The phone itself is difficult to notice in the hand of a motorist and the car is stopped for another reason, and the mobile device only aggravates the situation. Western studies show that it is the mobile phone that causes many other traffic violations. A lively remote conversation distracts from the road, disorients, causing you to make more mistakes and reduces your reaction to changing traffic conditions.

What are the dangers of using a phone while driving?

Russian drivers often violate the rule banning telephone conversations while driving. This is influenced by many factors:

• The novelty of the fine (legislative norm was introduced only in 2007),
• Vague wording in the law
• Difficulty in monitoring the implementation of the law,
• Drivers' self-confidence
• Psychology of a missed call,
• Inconvenient schemes for using “Hands-free” headsets
• Traffic congestion that does not allow you to quickly stop when there is an incoming call
• Idleness in traffic jams
• Distractions: notifications, messages

As with drinking and driving, talking on the phone while driving has a significant impact on the driver. A person’s ability to take quick and clear responses to a rapidly developing non-standard situation sharply decreases.

As a rule, with favorable road conditions Phone calls while driving do not have a significant impact on driver behavior while driving. The car drives in its lane, smoothly accelerates and brakes. This effect creates a misleading impression of safety when using a smartphone while driving.

However, the very first non-standard traffic situation, requiring coordinated actions of the driver’s arms, legs and head, can clearly show how negatively distracting factors affect the best man’s reactions.

Modern driver training courses in 2019 include an obstacle course that motorists go through for the first time without being distracted by extraneous stimuli, the second time while having an intense conversation on the phone attached to their ear, and the third time while typing a text message.

A visual model shows that in 100% of cases the driver is not able to drive quickly and efficiently, maintaining speed and not hitting cones, while simultaneously communicating on the phone.

Until recently, it was believed that the fine for talking on the phone while driving was intended to deal with a foreign object in the driver’s hands. Recent studies show that an equally dangerous factor is distraction from the road.

In addition, motorists cannot predict the degree of impact of information received over the phone. Messages about the illness or death of relatives, fires, accidents and other stressful situations received while driving a vehicle can temporarily block the self-control of even an experienced motorist.

(click to open)

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:

1. The designated time and place where the violation will be dealt with.
2. The presence of witnesses. They may be car passengers.
3. 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 resolution 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.