On the road, drivers prefer to talk on the phone while driving. At the same time, they do not use any authorized devices, but hold the device directly in their hands.
This leads to the fact that they cannot react effectively to various unusual situations on the road, which is why accidents occur.
Is it possible to reduce the dangers of talking while driving? What do we have to do? Watch the video:
Clause 2.7 of the traffic rules contains information that indicates restrictions on the ability to use a mobile phone while driving a car.
2. General duties of drivers
2.7 The driver is prohibited from:
use a telephone while driving that is not equipped with a technical device that allows hands-free negotiations;
This applies to situations where phones do not have any feature that allows hands-free conversations.
Important! If you have a special headset, you can use the device even while driving, and this headset can be wired or wireless.
If the phone is not connected to such a headset, then, in accordance with clause 2.7, it is not allowed to use it while driving the car.
Not only is it not allowed to make calls, but also to type SMS messages, play games or perform other actions that lead to a decrease in the driver’s concentration on the road.
If you have a headset, you can talk, but traffic police officers still recommend talking if necessary, stopping the car and communicating so that there is no danger of an accident.
What are the dangers when talking while driving?
Establishing a punishment for such an offense is not the desire of the authorities to get as much money as possible from car owners, since when people are distracted from the road by their phone, this can happen.
Talking on the phone while driving often leads to tragic consequences.
Important! The driver's concentration should be focused exclusively on the road, and if a person is constantly distracted, this can become a problem.
There are many negative aspects to using your phone while driving:
- reaction slows down therefore, if any unforeseen situation arises on the road, the driver may not have time to react to it;
- concentration on the road decreases, so the driver may not notice a hole or stone on the road, and may also see a car or other obstacles with a delay;
- distracted man on a foreign object, which may cause an accident.
Due to the above reasons, the likelihood of getting into an accident increases, and this is relevant not only when talking on the phone, but also when writing messages or performing other actions with the device.
Important! Many people are sure that using a phone is considered as dangerous as driving a car while drunk, since there is no full concentration on the road.
How to use your phone correctly while driving a car
There is no direct indication in the traffic rules that it is impossible to use a mobile device while driving a car, since this action is permitted, but only if certain conditions are met.
IN videos of terrible accidents caused by talking on the phone while driving:
These include:
- various accessories are required to be used for talking on the phone without the need to hold the device in your hand, and these include a special headset or headphones;
- It is allowed to turn on the speakerphone, and the phone can be on the next seat or in another place in the car during a conversation;
- You can use the phone in the standard way, write messages or play games only when the car is in a traffic jam or when.
Important! If you urgently need to talk, and there is no opportunity to use any accessories, then it is advisable to stop the car and pay attention to communication.
What is the penalty for talking while driving?
This situation is regulated by clause 2.7 of the Traffic Regulations. This paragraph specifies what actions are prohibited for car drivers, and this includes telephone communication.
This includes not only conversations, but also other actions with the device that require holding the phone in your hands.
Important! This rule applies to drivers of absolutely any car, but the exception is equipping the phone with special devices that allow you to communicate without the need to hold the phone in your hands.
All about fines for using a phone while driving. Photo: bukvaprava.ru
For such a violation there is an appropriate punishment specified in Art. 12.36.1 of the Code of Administrative Offenses, therefore it is imposed on drivers in the amount of 1.5 thousand rubles.
Article 12.36.1. Violation rules using a telephone by the driver of a vehicle
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.
It is possible to reduce this fine by half if you pay the funds quickly after receiving them.
How does the inspector prove that the driver was talking while driving?
Many people do not take into account traffic rules and continue to talk while the car is moving, and this violation is very rarely used by traffic police inspectors to charge a fine. This is due to the difficulty of proving this fact.
In order to prove a violation, different methods can be used:
- obtaining testimony from witnesses;
- photo or video materials;
- information received from telecom operators.
The most reliable method is to obtain information from mobile operators.
Thus, it is not allowed to talk on the phone while driving, as this can not only become the basis for paying a significant fine, but can also create a truly emergency situation on the road.
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
1500 rub. (50% discount 750 rub.)Article 12.36.1 of the Code of Administrative Offenses of the Russian Federation
Checking and paying traffic fines 50% discount
To check fines from cameras photographing and video recording violations.
To check fines issued by the traffic police inspector.
For free notifications about new fines.
Check fines
We check information about fines,
please wait a few seconds
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, clause 2.7. A 50% discount on fines for talking on the phone while driving is valid!
Talking on the phone while driving increases the likelihood of an accident. The traffic police fine for talking on a mobile phone while driving is 1,500 rubles. 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 “phones” has also expanded greatly - built-in navigation programs, cameras for taking videos and photos, flashlights and other assistants have appeared.
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 control systems. 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:
- Politely greet the traffic police officer
- 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)
- 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 - 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 gearshift lever.
As of 2019, by law it is permissible to talk on the phone while driving a car if the handset is in “speaker-free” mode or the mobile phone is equipped with any type of “Hands free” system.
It is 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 at the moment the changes have not been adopted.
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 crime scene 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 mobile phones are the cause of 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, under favorable road conditions, telephone calls while driving do not have a serious impact on the driver's driving behavior. 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.
Today it is difficult to imagine that today you can do without a mobile phone. It can only be used if the car is equipped with a handsfree device. Using a phone while driving to play games or write SMS messages is considered a violation. On this basis, you may be fined for talking on the phone.
Traffic rules talking on the phone while driving
The use of a mobile phone while driving is reflected in the Russian Traffic Regulations, paragraph 2.7. The driver should not use a telephone unless the device is equipped with a headset that allows the driver to talk hands-free.
Today, the following types of telephone conversation devices are available in stores:
- wireless;
- wired.
By purchasing such headsets, you will be able to use your phone while the vehicle is moving or using a speakerphone.
What if the phone rings while driving? Stop the car and talk; in this case, you won't need a headset.
Penalty for talking on a mobile phone
For talking on the phone while driving, traffic police officers issue fine 1500 rubles ().
If the traffic police officer is sure that the driver was talking on a mobile phone, he can request call details from the mobile operator. Service employees can submit such a request to the mobile operator within 2 months.
If the driver categorically disagrees with the inspector’s statement that there were telephone conversations while the car was moving, and he has a witness who will confirm his words, then it will be difficult to issue a fine under Article 12.36.
In our country, drivers are rarely fined for talking on the phone while driving, since it is difficult to prove the fact of a violation and requires confirmation with photos and videos or witness testimony.
Video: Is it possible to talk on the phone while driving and what is the responsibility
The dangers of talking on the phone while driving
According to data from the United States for 2011, 387 thousand people were injured due to the fact that the driver was not attentive on the road when using the phone. After the research, the following conclusions were made:
- The likelihood of an accident increases 4 times if the driver uses a mobile phone while driving.
- The accident rate increases 6 times if a person sitting behind the wheel of a car writes an SMS message.
- A negative impact on concentration has been recorded; the driver’s attention is distracted by receiving SMS and sending texts. As a result, a person loses concentration for 4.6 seconds.
In order not to receive fines from traffic police officers, you must follow the traffic rules. You should drive taking into account the markings on the road, taking into account road signs and traffic lights, park in the designated place and not talk on your mobile phone while driving. What penalties apply to drivers, and whether it is possible to challenge them is discussed below.
Punishment for talking on the phone while driving
Driving requires concentration. What is the punishment for talking on the phone while driving? The Russian Code of Administrative Offenses provides for penalties for talking on the phone while driving in the form of a fine.
What is the article for talking while driving? The amount of the fine indicated in is 1500 rubles. The provisions of the article provide for a fine for using a mobile phone without a device that allows you to talk without using your hands. Printing messages related to this article is also prohibited. Drivers of a vehicle, distracted by a mobile device, become responsible for accidents due to inattention to the road.
How to dispute?
If the car owner, while driving a vehicle, actually talked on the phone while driving, using his hands or shoulders, there is no need to prove or dispute the opposite. Agree with the drafted resolution and pay a fine of 1,500 rubles. After all, there really was a violation; it created a risk on the road for other drivers or pedestrians.
Read what happens if you hit a pedestrian at a crosswalk
A citation is issued when a driver admits to an administrative violation and agrees to pay a fine. When the offender does not agree with what he has done, a protocol is drawn up. The drawn up protocol can be challenged.
According to statistics, concentration when driving a car deteriorates:
- when sending a text message, response time to difficult situations on the road worsens by 91%;
- when talking on the phone without using speakerphone - by 35%.
It is possible to challenge a fine for talking on the phone while driving if the traffic police inspector thought that the driver violated the Code of Administrative Offenses of the Russian Federation (Article 12.36.1). If a traffic police officer stopped the car, did not provide evidence and drew up a report, the driver is obliged to write an explanatory note. In the explanatory letter, the driver will describe the actions taking place and indicate his disagreement with the protocol.
The inspector is obliged to accept written explanations from the driver. If a police officer issues a fine, the driver has the right to challenge it at the traffic police department at his place of registration. If it is impossible to resolve the situation peacefully with the police officers, the complaint should be sent to the court.
Reasons
To challenge a fine issued by a traffic police inspector for talking on the phone, you need grounds.
On what grounds can you challenge a fine for talking on the phone while driving?
When stopping a vehicle, the police officer, before drawing up a report for a telephone conversation, is required to provide evidence of the violation.
The evidence is:
- video evidence;
- photo evidence.
The lack of evidence of a violation is a valid basis for challenging. In his own defense, the driver has the right to provide a printout of calls from the mobile operator.
Witnesses will help you challenge a fine issued for talking on the phone. According to the legislation of the Russian Federation, in case of administrative violations, any citizens who have information useful for the case can act as witnesses. If, when the traffic police stopped the vehicle, there were people in the car, they must be included in the explanation of the protocol as witnesses.
Camera fine
Video recording is a powerful argument to prove the commission of an administrative offense.
How to challenge a fine from a camera for talking on the phone while driving? When penalties are imposed, filmed on camera, for talking on a mobile phone, a notification letter is sent to the driver’s place of residence. The letter contains evidence of the violation in the form of a photograph and indicates the date, time, and address of the offense. You can challenge the letter you receive for talking on a mobile device at the traffic police department or in court.
It is possible to challenge a fine from a camera for talking on the phone provided that:
- the driver is not the owner of the car;
- The license plate is not visible in the photo;
- The traffic police officers in the photo misinterpreted the license plate;
- the driver was not passing through the specified address at the time.
Filing a complaint to court
If, when contacting the traffic police department, it was not possible to challenge the penalty, then the complaint is filed with the court.
In what court is a statement of claim filed to challenge the collection? The claim is drawn up and filed in the district court located at the place of residence of the owner of the vehicle.
To file a complaint with the court, you must provide:
- grounds for appeal proving the innocence of the car owner;
- statement of claim;
- passport of the person who applied to the court;
- documents proving ownership of the car;
- documents confirming an application to the traffic police department;
- other papers at the request of the court.
- name of the authority of appeal;
- Full name, address, contact telephone number of the plaintiff;
- table of contents;
- the essence of the complaint is to describe disagreement with the issued fine, indicate the grounds for disagreement, provide links to legislative norms;
- list of documents attached to the letter;
- date and signature of the plaintiff.
To challenge a fine, no state fee is paid. A call printout will help you successfully challenge a fine for talking while driving.
Before going to court, you should consult a lawyer. The defendant will be representatives of the law - traffic police officers who are well informed in the legislative acts of Russia. Therefore, to win the case, an experienced specialist will tell you how to draw up a complaint, how best to present evidence of innocence, and how to behave during the trial.
Term
To file a complaint with the traffic police department or in court, the owner of a vehicle must comply with the deadlines established by law.
How long can I challenge a traffic police fine for talking on a mobile device?
According to Russian legislation, drivers have the right to file a complaint for talking on the phone to both authorities (traffic police, court) within ten calendar days. If valid reasons arise that affect the impossibility of filing a complaint, you need to write a petition to extend the deadline. Documents evidencing valid reasons must be attached to the written petition.
Fine for talking on the phone while driving in 2019quite significant and amounts to 1500 rubles. Let's figure out which article of the Code of Administrative Offenses of the Russian Federation provides for liability for using a phone while driving a car, what evidence can be used against the driver, and how to prove your innocence.
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.
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.
Judicial practice of bringing to administrative liability for talking on the phone while driving
Judicial practice under Art. 12.36.1 of the Code of Administrative Offenses of the Russian Federation has been formed. Judges consider such cases only when the offender does not agree with the decision of the traffic police official. As a rule, judges leave decisions unchanged.
For example, from the decision of the Sverdlovsk Regional Court dated July 12, 2017 in case No. 72-819/2017, it follows that the driver was talking on the phone while driving and was stopped by traffic police officers. The protocol, reports of traffic police officers, as well as their explanations in court are provided as evidence. At the same time, the driver disputed throughout the entire process that he was talking on the phone. Courts of all instances recognized prosecution under Art. 12.36.1 of the Code of Administrative Offenses of the Russian Federation is justified.
The resolution of the Kemerovo Regional Court dated June 30, 2017 in case No. 4A-656/2017, which also left the resolution unchanged, is based on a video recording that captured the fact of the violation. In such a situation, it is useless to argue; the result will not be in favor of the driver.
Most often, decisions are canceled due to procedural violations by traffic police officials. For example, by decision of the Supreme Court of the Republic of Karelia dated January 23, 2017 N 21-31/2017, the decision to prosecute was canceled because the driver, when drawing up the protocol, submitted a written request to consider the case at his place of residence, which was not permitted by the traffic police officers. The judge found the violation to be significant and overturned the ruling.
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.
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.
Read even more useful information in the section: ““.
