The DGT has long declared war on using mobile phones in the car. So much so, that there are several fines that can be imposed for using it improperly while driving or while in circulation, depending on how it is used. And this in turn can lead to confusion among drivers.
To clarify possible doubts, we analyze the regulations and detail the different assumptions, and the fines that they entail in each case, being driving and using the mobile phone in the equation.
It is only legal to
use hands-free
The prohibition of using the mobile while driving a car or vehicle is found in two DGT regulations: the Traffic Law and the General Circulation Regulations. In both, and in articles 13.2 and 18.2 respectively, we find the same precept:
The use of mobile telephone devices and any other means or communication system while driving is prohibited, except when the development of communication takes place without using hands or using helmets, headphones, or similar instruments.
This means that it is only legal to use the mobile through a hands-free system: that is, to make or receive calls. All other possible uses that involve manipulating it by hand are prohibited and the DGT fines it.
New Traffic Law: some uses are more dangerous than others. On the other hand, this improper use has come to be distinguished in two cases in the reform of the Traffic Law. Now a difference is made between handling it by holding it by hand and doing it on a support, considering the first one more dangerous and becoming one of the infractions that subtract the maximum points from the permit. In other words, it is equated, for example, with the most serious speeding or driving under the influence of alcohol and drugs, among others.
Why can using the mobile while driving now mean the maximum subtraction of points from the license? For several years now, distractions have been at the forefront each year as the main cause of accidents with fatalities: in 2021, the last year for which complete data is available, 32% of the accidents with deaths in the equation were due to distractions. And this is precisely the case since the proliferation of smartphones.
Fines from 80 to 200 euros and up to six points on the card. And it can also be a crime
Thus, and based on the aforementioned precept and legislative change, we find the following infractions that the regulations explicitly include on the use of mobile phones while in circulation and that the DGT fines, considering its misuse:
- Using the mobile holding it by hand: 200 euros and six points. That is, as long as we use it without being attached to a support, for example, call with it in hand or chat on Whatsapp or similar, or browse the Internet or consult any app such as Twitter, Instagram, or Facebook, to name a few examples.
- Handling the mobile being placed on support: 200 euros and three points. As long as it is in support, the fine is the same but the subtraction of points is less. Traffic thus equates it with, for example, driving a GPS navigator, the car radio, or, failing that, a multimedia display.
- Using the mobile with headphones: 200 euros and three points. Using earphones while driving is also prohibited, which means that if we use them plugged into our mobile and driving, they can fine us, whether by car, motorcycle, scooter, or bicycle.
- Adjust the mobile between the helmet and the driver's head: 200 euros and three points. In the case of motorists, cyclists, or scooter users, it is also sanctioned to carry the mobile in this way while driving.
But in addition, there is another case in which we can be fined in relation to the mobile if it is placed on support:
If being on the mobile in support, it hinders the driver's vision: 80 euros, without subtracting points. This minor infraction, and much less specific, is left to the interpretation of an agent: if we carry it with a support with a suction cup on the windshield, just in front of the driving position, and if we are involved in a mishap or accident, they can denounce us if they consider that its location made it difficult for the driver to see and could be the cause of it.
This is applied following another precept of the traffic code and the Traffic Law:
- The driver of a vehicle is obliged to maintain his own freedom of movement, the necessary field of vision, and permanent attention to driving, which guarantee his own safety, that of the other occupants of the vehicle, and that of the other users of the vehicle. route.
And, even depending on the situation and the case, it can be reported as reckless driving. For example, if we drive on the highway or highway, at a very high speed, and we are also writing or reading WhatsApp. Not surprisingly, reckless driving is considered any action that generates obvious and manifest danger to the driver himself, the other occupants of the vehicle, or other road users. And it is also left to the interpretation of the traffic agent.
Normally, reckless driving is treated as a crime against traffic and can lead to prison sentences from six months to two years and the withdrawal of the driver's license between more than one year and up to six years. It is rare that it is processed as a mere administrative fine, but if it is done it is 500 euros and involves the subtraction of six points.
Are mobile fines reduced? Yes, all the aforementioned cases allow us to stick to prompt payment, like the vast majority of fines, except for a few. That is to say that if we pay the penalty in the following 20 days after its notification, we will pay 100 euros or 40 euros respectively. Or 250 euros if we are penalized with an administrative fine for reckless driving.
Even stopped in a traffic jam or at a traffic light. Whether we use the mobile holding it by hand or manipulate it on a support, it is prohibited if we are in circulation. This, therefore, includes being stopped in a traffic jam or at a red light: only if we are properly parked can we use it in the car.
The DGT's arsenal to
find the use of mobile phones
In addition to reforming the regulations to harshly punish the use of mobile phones while driving, Traffic has a significant number of troops to control it:
- Camouflaged vans. The DGT released camouflaged vans not long ago to monitor the use of mobile phones, due to their higher driving position, and which allows more effective control of what is done in the passenger compartment. As confirmed by Traffic, they have 15 units and the models used are quite common: Renault Master, Fiat Scudo, Ford Transit Custom, or Mercedes Sprinter.
- drones. These small remote-controlled aircraft also monitor cell phone use and other distractions. Of almost 40 of those available to the DGT, 23 have the capacity to report, although the DGT confirmed at the time that their number would increase in 2022.
- helicopters. In addition to various infractions, including speeding, the Traffic helicopters also watch for distractions. They are called Pegasus and the DGT has 13 in its fleet.
In the TOP 5 of the fines, the DGT sets the most. Sanctions for improper use of mobile phones are in fifth place among the most recurring in Traffic: in 2022, 88,201 complaints were filed for these breaches.
Although if we compare it with those registered in 2021, tightening the sanctions seems to have paid off: the previous year there were 101,441. Be that as it may, they are still very far from fines for speeding, which in 2022 were set at 3.70 million.
0 Comments