Mobile phones entered our lives not so long ago: just some 15-20 years ago we got along just fine without them. However, now it is difficult to imagine a person who would not have this device.
The whole point of the existence of a mobile phone is precisely that its owner becomes available for communication at any time and anywhere – including while driving a car. Therefore, it often happens that a person waiting for an important call holds the steering wheel with one hand and grabs the phone with the other.
It’s just that a situation where the conversation is suddenly interrupted by a wave of the inspector’s baton, the drawing up of a protocol and a fine is, alas, not uncommon. So let's figure out how to use the phone without punishment - and what to do if you are stopped.
○ Consequences of using a phone while driving.
Driving a car requires concentration. Attention is distracted - and it’s not far from an accident. And it’s also good if it’s limited to just a dented bumper or stripped paint.
Researchers in the USA, where the mass use of mobile phones began earlier than in Russia, collected statistics from which it follows:
- Driver inattention is the cause of about half of accidents.
- When talking on the phone, the likelihood of an accident increases by at least 4 times.
- Typing SMS and sending it – at least 6 times.
- The average time a person spends opening an SMS and reading it is 4.6 seconds. All this time, we can assume that the driver has absolutely no control over the road or the car on it.
As a result, we can conclude: using a mobile phone while driving, if not as scary as drunkenness, is in many ways comparable to it.
○ How will the inspector prove that I spoke?
Often the offender may have a question: how to prove that the phone was actually used? This is especially true when in the car, in addition to the driver himself, there is at least one passenger who, if anything, will confirm in court that no telephone existed in nature.
In this case, evidence may be:
- Video recording. Traffic police patrol cars are now often equipped with video cameras, the recording of which can show a specific driver with a phone to his ear.
- Witnesses. The inspector may well find a person who will confirm that he actually saw someone driving while talking on the phone. It is quite possible that such a witness will be a previous stopped violator, who will receive a warning instead of a fine if he gives the necessary testimony if necessary.
- Call printout obtained from the telephone company. This method is used if the violator “followed the principle” and appealed the fine in court. If a short time has passed between drawing up the protocol and the call, the judge will almost always be on the side of the traffic police.
In addition, it is necessary to take into account: in administrative cases provided for by Chapter 12 of the Code of Administrative Offenses of the Russian Federation (that is, concerning automobile offenses), judges tend to listen more to the opinion of traffic police officers than to drivers. Moreover, the note to Article 1.5 of the Code of Administrative Offenses of the Russian Federation directly states: if the offense was recorded by an automatic camera, the presumption of innocence for the driver does not apply: it is not the traffic police who must prove that he is guilty - but on the contrary, he himself is his innocence.
○ Fines for using a phone while driving.
The punishment itself for using a mobile phone while driving is provided for in Art. 12.36.1 Code of Administrative Offenses of the Russian Federation. According to this provision, the perpetrator faces a fine of one and a half thousand rubles. There is no alternative in the form of a warning here.
A fine is imposed if the conversation was conducted on a telephone that is not equipped with a hands-free system, which allows you to answer calls without holding the phone to your ear.
You must also remember that fines are imposed not only for talking, but also for reading or sending SMS, surfing the Internet and any other use of the phone. It’s better not to use even excuses like “I didn’t call, I was scratching my ear with the phone”: not only the inspector, but also the judge will not believe them.
At the same time, you can use the phone without a headset. But for this, it must be configured to use a speakerphone, and the device itself must not be in the hands of the driver, but fixed somewhere on the panel.
Now let’s figure out what to do to avoid being fined:
- First of all, do not use your phone without a handsfree headset or speakerphone.
- If you need an urgent telephone conversation and you don’t have a headset, it’s better to pull over to the side of the road and stop the car (if, of course, the signs and markings allow stopping).
- Remember: fines are only imposed for using a phone while driving. If you are stuck in a traffic jam or at a red traffic light, the phone is completely legal. But once you start moving, you must remove it.
- If an inspector stops you and accuses you of using your phone while driving, demand evidence. Let him show you at least a video recording that shows your car and you driving with a phone in your hand.
- If you really didn’t talk on the phone, show the phone to the inspector. All more or less modern models of these devices record the time and number of the last incoming or outgoing call. Often this is where the matter stops.
- You can order a printout of calls yourself from your cellular company. Take her with you to the analysis of your case at the traffic police - and, most likely, you will be able to justify yourself.
- Finally, if you are nevertheless given a fine, but you do not agree with it, you have 10 days to appeal it to the court at your place of residence. In your application to the court, you must indicate why you consider the decision to be unfounded, how your position is confirmed, which of the witnesses can confirm your words, etc.
And finally, just try not to break the law. Believe me: the most important call is ultimately worth less than your life.
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,
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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, paragraph 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.
(click to open)
Thus, a harmless action can cause an emergency. It is for these reasons that traffic rules prohibit using a phone without a headset while driving. According to clause 2.7 of the Russian Federation Traffic Regulations, the telephone must be equipped with a special technical device that allows you to conduct a conversation without using your hands. for the phone while driving in 2019 is 1500 rubles.
You are also prohibited from using other phone functions that require your hands. This could be writing SMS messages, searching for contacts or other information of interest. However, drivers often neglect this rule. In this case, they must be prepared for a fine; in 2017 it was equal to 1.5 thousand rubles.
When you don't face a fine for talking on the phone while driving
It is worth noting that talking on the phone while driving is prohibited only while driving. This decision is regulated by clause 2.7 of the Traffic Regulations of the Russian Federation. If the car is stationary, you can hold the phone in your hands. During the journey, the driver may stop due to an accident, at a red traffic light, in a parking lot, or when getting in and out of a car. In these cases, you can talk on the phone and hold it in your hands.
In case the conversation is urgent and there is no way to stop, you need to use a speakerphone or a hands-free headset. You can also make a video call if possible, but in this case the driver’s attention should be on the road, and not on the interlocutor. In these cases, you will not be fined for using a phone while driving.
How to avoid a fine for using your phone while driving if you have already been stopped
If a traffic police officer stops you because you were talking on the phone while driving, you must first ask for evidence. For example, if the driver spoke on the speakerphone, a camera or video camera installed on the road could be a solution to the conflict.
In case of disagreement between the parties, it is also possible to draw up a protocol of violation. Pay attention to the main points of the protocol:
- The designated time and place where the violation will be dealt with.
- The presence of witnesses. They may be car passengers.
- The driver’s disagreement with the violation charged to him should be noted in the explanation column.
If you weren’t talking on the phone at all at the time of your arrest, you need to confirm this fact with a printout of calls and SMS from your operator. A printout must be provided to the traffic police during the consideration of the violation. The absence of calls at the time of interest will be confident proof of the driver’s innocence.
If for some reason you are nevertheless found guilty and given a fine for talking on the phone while driving, the inspector’s decision will confirm this charge. Like a court decision, this decision can be appealed within ten days. This right is established by Art. 30.3 Code of Administrative Offenses of the Russian Federation.
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, paragraph 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.