The Strictures of the Highway Code

Mobile phone driving: from fine to licence suspension, here are the new penalties for those who do not respect the rules

New road safety law increases penalties for those who too casually use their mobile phone while driving

by Nicoletta Cottone

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4' min read

4' min read

What happens to people who talk on their mobile phones while driving a car? With the new law on road safety amending the Highway Code, there is a tightening of penalties for those who too casually use a mobile phone while driving. We discuss this in a video interview with Sole 24 Ore with State Police Chief Constable Renzo Lenti. The new law enters into force on 14 December and, among the new features, introduces a crackdown on those who drive while holding a mobile phone. More onerous fines and short licence suspension.

What are the rules for using a mobile phone properly while behind the wheel?  
The Highway Code states that it is forbidden to use any device, including a mobile phone, while driving that involves taking your hands away from the steering wheel. So basically, one should use hands-free mode to use a mobile phone. Or one can use a headset, but only one to be placed in one ear, the other ear must remain free, provided, however, that this does not involve the use of one's hands. Look, I would like to point out that the incorrect use of a mobile phone while driving is very, very dangerous behaviour. It is among the main causes of road accidents. So when we receive an urgent phone call or when we have to make an urgent phone call, since this prohibition only applies when the vehicle is in motion, I suggest that we stop safely in a lay-by, in a car park, and make the call from there.

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We have therefore seen that with the new rules there is a crackdown on mobile phone misuse. But in economic terms, what does it change if you are caught on your mobile phone while driving?

The new provisions also tightened the penalties for incorrect use of a mobile phone while driving. A fine ranging from 250 to 1,000 euro is envisaged. Previously there was a sanction of 165 to 650 euros. The deduction of five points from the driving licence is still envisaged. And, a very important innovation, the suspension of the driving licence ranging from 15 days to two months has been introduced. Therefore, in these cases, the licence must be immediately withdrawn and sent to the Prefect for the adoption of the suspension order, in which the duration of the suspension is also determined.

What happens to repeat offenders?

For repeat offenders, the legislator has also intervened. Repeat offenders are those who commit this violation at least twice within a two-year period. For these drivers, the penalties have been tightened. A fine ranging from EUR 350 to EUR 1,400 is thus envisaged. Previously, the ordinary sanction of EUR 165 to 650 applied. Also in this case, of course, there is the deduction of five points from the driving licence and the suspension of the driving licence. But from one month to three months, and thus also for repeat offenders, the licence must be immediately withdrawn and forwarded to the Prefect for the adoption of the suspension measure.

What happens if the use of a mobile phone while driving is identified as the cause of an accident involving another vehicle?

In general terms, when a traffic accident with personal injuries is caused due to the violation of a rule of the highway code, there is the suspension of the driving licence, which is adopted by the prefect and the duration varies according to the injuries that have been caused. With regard to the misuse of a mobile phone while driving in particular, I would like to draw attention to the new measure of suspension, which is score-related. The so-called short suspension of the driving licence. This is a measure that is applied directly by the police, without the need to go through the prefect to issue the decree. The duration of the short suspension is laid down by law and there is a period of seven days if the offender has a score on his licence of less than 20 points or a period of 15 days if the score is less than 10. Here, in these cases, if the offender who is using the phone incorrectly and driving causes a road accident, which can also be a road accident without injuries or simply drives off the road even without involving other people or other things, the duration of the short suspension doubles: so it goes from 7 to 14 days or from 15 to 30 days. I would also point out that the duration of the suspension is short and must be added to the duration of the ordinary suspension, which is ordered by the prefect.

Is it possible to challenge mobile phone use while driving remotely?

Unfortunately not. Among the many violations that have been included in the code, in addition to those already present that can be ascertained remotely, i.e. with remote sensing devices, the one concerning the misuse of a mobile phone while driving has not been included. Perhaps there was a technical difficulty in developing a device capable of ascertaining this type of violation. We hope that this will become possible in the future, because this is in any case very dangerous behaviour, which must therefore be combated by all means.

We therefore remind you to use your mobile phone in the car with great care and to respect the new rules. We remind you that the new rules enter into force on 14 December 2024.

 

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