Certainly, most drivers already know the risks involved in driving with the phone to their ear. However, we are talking here about a very different situation: using the phone in a stopped vehicle. Because yes, even once the vehicle is stopped, using the telephone in the passenger compartment can get you in trouble with the police. Deciphering legislation that is much more complex than it seems.
A harmless gesture when stopping, but which can be expensive
In France, nearly 80% of drivers admit to having already consulted their cell phone while driving, according to the latest Road Safety studies. Among these motorists, some even send messages, which enormously increases the risk of an accident. In fact, calling while driving increases the risk of an accident by 3 times, and sending a message by 23 times!
In some cases, this is just a matter of checking a notification on the phone when the vehicle is stopped, without making a call or sending a message. Unfortunately, this gesture, which seems trivial and which has become almost automatic for some, hides a legal reality that many people are unaware of: even when completely stopped, using a cell phone can earn you a fine of 135 euros and the loss of three points on your driving license.
At first glance, this practice may seem harmless, and its little-known ban is surprising: how can calling or sending a message in a stationary vehicle present a danger? The answer lies in a subtlety of the Highway Code, which distinguishes the state of stopping from that of parking, thus creating a legal gray area which often results in incomprehension and anger among fined motorists.
An extensive definition of vehicle “in circulation”
The Highway Code, in its article R412-6-1, establishes a crucial distinction often unknown to the general public. A vehicle is considered “in circulation” when it is on the public highway, regardless of its speed or movement. This definition therefore includes all situations of temporary immobilization: stops at traffic lights, traffic jams, stops, level crossings, police checks or slowdowns due to works.
In a 2018 judgment, the Court of Cassation confirmed this: “a vehicle momentarily stopped on a lane of traffic for a cause other than an event of force majeure must be considered as still in circulation, within the meaning and for the application of Article R. 412-6-1 of the Highway Code.”
It’s hard to believe, but the rule even applies to private roads open to public traffic, such as supermarket or shopping center parking lots. In these places, the Highway Code continues to apply in full. Indeed, the police can fine a driver checking his phone in a drive-thru queue or looking for a space in a supermarket parking lot, as long as the engine is still running. Consequently, calling while holding the phone in your hand in your car, even when stopped but not parked in a legal parking space, is again punishable by a fine of 135 euros and a deduction of 3 points.
Why such strict enforcement?
This legal interpretation is justified by a certain logic in terms of road safety: even when stationary, a driver must be able to remain vigilant to react quickly to traffic changes, light signals, the movements of other road users or potential emergency situations. Distraction from the phone, even for a very brief moment, can delay these critical reactions by several seconds.
Indeed, research on attention and reactivity confirms the dangerousness of using the phone while driving. According to a recent study conducted by Prevention Insurance, reaction time in an emergency situation can increase by 60%, and attention can be diverted for up to 35 seconds when using a digital device. Simply reading a message mobilizes a large part of our attentional capacities for several seconds.
For example, a motorist checking his phone at a red light might not immediately notice the change to green, creating chain slowdowns, or worse, not perceive the approach of an emergency vehicle needing to clear the way. This inattention can even persist after putting the device down, and cause you to lose precious seconds of attention, particularly in the event of sudden braking by another vehicle in front.
How can you be sure to avoid the fine?
To be sure you can use your phone in the car without risking a fine, several conditions must be met: first of all, the vehicle must be completely stationary, that is to say with the engine off. It must also be parked in an authorized location, whether in a private or public parking space. Outside of authorized locations, the telephone should be avoided, except in cases of force majeure. For example, it is prohibited to make telephone calls in the car when stopped on the emergency lane, except in cases of extreme necessity (stopping to make a normal call is prohibited). In all cases, the best solution is of course to put the phone in airplane mode and completely avoid using it in the car.
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