2024-04-07 08:00:39
IndependerThe use of GSM while driving is subject to more and more controls. But what fines do you risk? What is covered by hands-free calling? What is the difference with using the car radio? Independer.be explains everything to you.
This is what the law says
The law explicitly states that it is forbidden to use your cell phone while driving, which makes sense. GSM use alone is responsible for 8 percent of fatal car accidents in our country. Anyone who uses or holds a mobile electronic device with a screen without it being attached to a support is liable to heavy fines.
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Here are the fines
Driving with a mobile phone in your hand is a serious offense of the third degree, because it can put other road users in direct danger.
– First of all, the police can impose a fine of 174 euros on you, via immediate collection and possibly increased by additional administrative costs.
– If you contest the fine in court, but the court considers that the offense has nevertheless been established, the fine can increase from a minimum of 240 euros to a maximum of 4,000 euros. The judge can also order disqualification from driving. This driving ban can last from 8 days to 5 years.
– As part of special enforcement actions, public prosecutors can also order the police to immediately revoke your driving license for a period of eight days if you are caught with a mobile phone in your hand. Then you must still appear before the police court which will pronounce the additional sanction.
– If you are a novice driver and you have had your driving license for less than two years, you will still have to appear in court. You temporarily lose your driving license and must retake at least the theoretical or practical test before getting your license back.
How can you use your phone?
The law states that the mobile phone must be “fixed to the vehicle in a holder”. This support can be attached to the dashboard, under the windshield or in an air conditioning vent. This allows you to use the device hands-free to navigate and make calls.
But at the same time, a lot of confusion remains. What happens if you want to check your email inbox and therefore have to manually use the device on your dashboard? It’s not exactly hands-free, of course. But the same goes if you want to operate your air conditioning, because for that too you have to click on the control panel of your car. There is no clear answer. The situation is often left to the discretion of the police.
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What does the Highway Code say?
The Highway Code stipulates that the driver “must be constantly able to carry out all the maneuvers required of him” and that he “must have constant control of the vehicle he is driving”. These rules can be interpreted as “you must keep your hands on the wheel and your eyes on the road to drive safely”, according to the Flemish Transport and Mobility Foundation (VSV). All forms of distraction can be dangerous while driving, from using the radio, to eating or drinking, to using the air conditioning.
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This article was brought to you by our partner Independer.be. Independer.be is an independent comparator that helps you compare and take out insurance, telecom products and other fixed costs.
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