As soon as your car is stopped, you unsheathe your phone to make a call to your dear and tender, or to take a quick look at your Facebook newsfeed. Be careful, even if the engine of your car is cut, you risk a fine. As reported by a new judgment of the Court of Cassation, stop the engine of your car before calling is not enough to avoid being verbalized. How to avoid fines?
What does the Code of the Road say? "The use of a hand-held telephone by the driver of a vehicle in circulation is prohibited", as indicated by a decree put in place in 2003. "The fact, for any driver, to violate the provisions of this article is punished by the fine for second class offenses ". Clearly, you will be fined 135 € if you are surprised with your smartphone while driving and you will lose even 3 license points for 3 years. In fact, it's not that simple.
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As reported by our colleagues at AFP, for the Court of Cassation, a car whose engine is stopped can still be considered in circulation. In short, if your vehicle is considered to be stopped by the highway code, you can not use your mobile phone. If your car is stopped on a traffic band and you take out your mobile, you risk being verbalized. To avoid committing an offense, the Court of Cassation considers that you must park your vehicle on a space provided for this purpose, such as a parking space. The only exception to this decision, which will be a precedent for future judgments, is if a motorist who has broken down uses his telephone to warn the rescue service or the authorities. As a reminder, since June 30, 2015, hands-free kits are also prohibited when driving a car. To compensate for their absence, we offer you some tips in our "smartphone driving: our advice to stay connected safely". What do you think of the legislation in force? Have you ever been verbalized while using your smartphone while driving?
