Talking on the phone while driving: traffic rules, article, fine and evidence, what is the danger of talking while driving, how it is allowed to use a mobile phone while driving

Why using your phone while driving is dangerous

Reduces attention. It takes a lot of brain work to refocus your attention from the road to your phone. For older or tired drivers, changing focus can result in an accident. This was found out by experts from the Royal Society for the Prevention of Accidents of England (RoSPA).

Slows down the reaction. The traffic police say that using a phone slows down the reaction by 3 seconds. During this time the car travels almost 50 meters. At this distance, the driver can encounter any obstacle: from a pedestrian to a multi-ton truck.

Increases mortality. In Japan, 20% fewer people died on the roads after they passed a law banning the use of phones while driving. The number of victims also fell - by 53.3%. This is data from the same RoSPA study.

Is it possible to avoid a fine for talking on the phone while driving, and what actions will help the driver?

A fine can be avoided only in two cases:

If there is evidence that no violation was committed.
If during the proceedings the traffic police officers committed significant violations of the procedural requirements provided for by the Code of Administrative Offenses of the Russian Federation.

In the first case, the driver must collect as much evidence as possible of his innocence (despite the fact that, by virtue of Article 1.5 of the Code of Administrative Offenses of the Russian Federation, he is not obliged to prove his innocence).

Evidence may include:

Video recording. Some DVRs support two-way recording and have two cameras, simultaneously filming the inside of the car and the road in front of it.
Testimony of witnesses. These could be both car passengers and pedestrians who saw that the driver was not talking on the phone while driving.
Explanations from the driver himself, which can either be reflected in writing or brought to the judge when appealing the decision.

Procedural requirements during the proceedings may also be violated. Most often, this is ignoring the requests made by the driver, in particular to involve a defense lawyer in the case, to consider the case at the place of residence.

If the driver disputes the fact of a violation, it is necessary to indicate this in the resolution. Otherwise, it will be difficult to challenge it in the future. The fact is that in such cases, if the driver does not dispute guilt and the extent of responsibility, traffic police officers may not draw up a report, not collect evidence, and immediately issue a decision. If a protocol is not drawn up, then it is possible to challenge the decision, but in practice it is futile.
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Thus, the fine for using a phone while driving is 1,500 rubles. When brought to justice for this type of violation, it is quite difficult to prove one’s innocence, so it is necessary to immediately, on the spot, try to collect evidence of the absence of a violation event - interview witnesses, ask passengers to write explanations, etc. The easiest way to avoid a violation is to present a video recording of the car’s interior, recorded on a DVR immediately before it was stopped by a traffic police officer.

How to use a mobile phone while driving

Wired headset. These are ordinary wired headphones with a microphone. The headphone plug is inserted into the audio jack of the phone, and you can talk. The phone settings allow you to make an “auto answer” - when the phone rings, after 3 or 5 seconds the device itself “answers” the call. You don't need to press anything.

Hands-free mode. If you don’t have a headset at hand, and you don’t want to let go of the steering wheel to make a call, you can turn on the speakerphone and put the phone on the dashboard of the car. To prevent the phone from sliding on the panel or falling during maneuvers, drivers place a rubber mat on the panel.

Wireless headset. The interlocutor’s voice is transmitted via Bluetooth - this is a digital communication channel, like Wi-Fi, but it works no further than 10 meters. It happens that the Bluetooth versions of the phone and the headset are different - then the connection quality may be poor. Before purchasing, check with your consultant about the Bluetooth version on the headset and compare it with the version on your phone.

Multimedia car system with built-in Bluetooth. In almost all modern cars you can connect your phone to the multimedia system. To do this, turn on Bluetooth on your phone - the device will show nearby devices that also have activated communication through this channel. Select the desired item from the list - often this is the name of the make or model of the car.

This headset often comes bundled with smartphones. Source: ozon.ru

A Bluetooth headset transmits the voice of the interlocutor wirelessly. Both hands are on the steering wheel. Source: ozon.ru

An example of connecting to the Lada Vesta system

When the phone rings, just press the green answer button. The phone can be placed anywhere in the cabin

What does the law say?

According to the norm of paragraph 2.7 of the traffic rules for 2021, 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: using a telephone while driving that is not equipped with a technical device that allows hands-free negotiations;

According to Article 12.36.1 of the Administrative Code? relevant for 2021, 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.

How traffic police officers record an offense

Photo and video recording of the violation. If the inspector managed to film the driver talking on the phone while driving, this will serve as evidence of the violation.

What evidence supports a driver using a phone while driving?

By virtue of Parts 1 and 2 of Art. 26.2 of the Code of Administrative Offenses of the Russian Federation, evidence can be any data confirming that a person has committed an offense and his guilt. Their list includes a protocol on an administrative offense, explanations of the person involved, testimony of the victim and witnesses, expert opinions, and any other data indicating the presence or absence of a violation.

In relation to a situation where a person was talking on the phone while driving and was stopped by traffic police officers, the following evidence is used:

administrative violation protocol;
reports from traffic police officers;
testimony of traffic police officers;
driver's explanations;
witness statements;
recordings from cameras and video recorders.

For objective reasons, no examination is carried out (there is no point in it), victims are not interviewed (there are none, since no harm is caused to anyone).

In practice, if a person is stopped for talking on the phone while driving, in most cases evidence is used in the form of a protocol, reports from traffic police officers, and testimony of witnesses.

Remember

The fine for using a phone while driving a car is 1,500 rubles.
To avoid getting a fine, use a headset or car multimedia system so that both hands are on the steering wheel.
In order not to be distracted from the road, it is better to stop and continue the conversation after that.
A traffic police officer can issue a fine based on photo or video materials, witness testimony, or using details of the driver’s calls.
Such fines are rarely issued, but they are possible if the traffic police needs to fulfill the plan.

All articles by the author: Evgeniy Lesnov

Which article provides for liability for using a phone while driving?

Talking on the phone while driving is prohibited by the Traffic Rules (clause 2.7). According to this rule, it is prohibited to use any telephones that the driver holds in his hands while driving.

If a driver uses a hands-free headset or a stationary Bluetooth system of the car, and does not hold a mobile phone in his hand during a conversation, he does not violate the Traffic Rules, and he cannot be fined for this.

Responsibility for using a mobile phone while driving is provided for in Art. 12.36.1 Code of Administrative Offenses of the Russian Federation. It should be noted that under this article any drivers of vehicles are held accountable, not just car drivers. Drivers of motorcycles and mopeds may also be punished.

Punishment under Art. 12.36.1 Code of Administrative Offenses of the Russian Federation has no alternative. They can only impose a fine (no warning is provided). The fine is 1,500 rubles in all cases.

You cannot talk on the phone while driving or write SMS messages. Both of these actions are covered by the term “use” and will result in a fine for the driver.

Rules for using a mobile device while driving

Directly while driving, the driver has the right to talk on the phone if a headset is connected to him or the speakerphone is turned on .

You can use any type of headset, both wired and wireless.

If the car is not moving, but is standing (in a traffic jam, at a traffic light, in a parking lot, etc.), then you can talk on the phone while holding it in your hands. Also, during stops, the driver can write SMS or play a game installed on the phone.

What are the dangers of using a phone while driving?

What are the dangers of using a phone while driving?
Fine for using a phone while driving
Fine for texting while driving
Conclusion

Research shows that the most common cause of road accidents is driver inattention. Thus, according to the American Automobile Association (AAA), 3,000 Americans between the ages of 16 and 19 die each year in car accidents “related to inattentive driving due to distraction.” For the same reasons, 383 thousand people in the United States suffer injuries of varying severity every year. We don’t think that these statistics are better in our country.

Researchers from Iowa State University examined video footage of 1,691 crashes involving young Americans between the ages of 16 and 19 and found several facts:

58% of accidents are associated with inattention while driving, while in 12% of these cases the phone was directly involved, distracting the driver;
1/3 of car departures from the road are caused by the driver being distracted by a mobile phone.

https://youtu.be/SDWmwxQ_NnY

Research into the causes of car accidents conducted by scientists from the United States led to the following conclusions:

Using a phone while driving increases the risk of a possible accident by 4 times;
sending SMS (as well as messages on social networks) – 6 times;
Reading or typing a message on a phone distracts the driver's attention for an average of 4.6 seconds.

More on the topic: Accidents involving public transport

It turns out that talking on the phone can be just as dangerous as driving while drunk, since the driver’s reaction speed decreases, attention is dulled, and therefore the likelihood increases that he will not be able to navigate the changed situation on the road, for example, he will not notice the prohibitory traffic light has already come on.

That is why, in paragraph 6 of clause 2.7 of the Traffic Rules of the Russian Federation, the driver is prohibited from using a telephone while driving that is not equipped with a technical device that allows for hands-free negotiations.

As we have repeatedly written on the pages of our website, if the law establishes a prohibition, then liability for its violation is also established.

Stopping to talk on the phone

The main thing here is not the use of the phone, but where you stop. A fine may be issued for violating traffic rules in relation to parking rules. For example, if you stop in a designated area and start a conversation on the phone, there will be no penalty for this. If you violate the rules and stand somewhere in the wrong place and start a conversation, you can be punished for two violations at once.

There are inspectors who interpret the current standards differently: for them, traffic is not driving as such, but the entire situation on the road. For example, even while standing in a traffic jam or waiting for an authorized traffic light, the driver presses the gas pedal. At the time of conversation, the subject is located on the road, he is moving. In this case, you can prove your innocence through court.

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);
Traffic Laws.

The best way to avoid punishment is not to break the law. Lawyers give advice on how to avoid getting a fine:

Buy a handsfree phone and a 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 you are stopped by a traffic police inspector with a claim that a mobile phone was used while driving, you must demand evidence of the offense. 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.