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The Use of Mobile Phones While Driving is Prohibited by Law, Even When the Car is Stationary. Understand the Consequences of This Infraction and How to Avoid the Penalty
The use of mobile phones while driving is one of the main causes of distraction on the road, leading to a high rate of accidents. With the increase in smartphone usage, questions arise about when the driver can be penalized for handling the device, especially in everyday situations, such as when the vehicle is stationary at a traffic light. The Law No. 9,503/1997, which regulates the Brazilian Traffic Code (CTB), clarifies these issues, imposing severe restrictions on mobile phone use.
The Legislation on the Use of Mobile Phones in Cars
Firstly, the Brazilian Traffic Code (CTB) is clear in its guidelines. Article 252 classifies the use of mobile phones while driving as a medium infraction. In addition, Article 254 addresses situations where the driver holds the phone with one hand, which further aggravates the penalty. Therefore, any handling of the mobile phone, whether to type, read, or browse social networks, is considered an infraction, even when the vehicle is stationary.
Holding the Mobile Phone, Even When Stationary, Results in a Fine?
Yes, even if the car is stationary at a traffic light or in traffic, the driver is still in a driving situation, according to the interpretation of traffic laws. This means that holding the phone to read messages, respond to notifications, or browse social networks results in a fine. The reason for this is that, according to traffic authorities, the driver’s attention must be focused on the road and not on the mobile phone, regardless of the vehicle’s speed.
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Is Using the Mobile Phone as GPS Allowed?
On the other hand, using the mobile phone as a GPS is allowed. However, it is important that the device is secured in a proper mount so as not to obstruct the driver’s view and not cause distractions while driving. The problem arises when the driver handles the phone, such as touching the screen or adjusting the GPS address, which constitutes an infraction, even if the vehicle is stationary in traffic.
What are the Fines and Points on the Driver’s License?
Currently, using a mobile phone while driving is considered a serious infraction, with the following penalties:
- Fine of R$ 293.47
- 7 points on the driver’s license
These penalties are applied mainly when the driver holds or manipulates the mobile phone while driving.
Answering Calls on Speakerphone: What Does the Law Say?
Answering calls via speakerphone or through the car’s multimedia system is allowed, provided that the driver does not need to divert their attention from the road or take their hands off the steering wheel. Therefore, the conversation can take place without compromising the driver’s safety.
What is Considered an Infraction When Using a Mobile Phone in the Car?
According to the legislation, the following actions are considered infractions:
- Typing messages
- Reading notifications
- Browsing social networks
- Holding the mobile phone in hand
- Using the mobile phone on the lap
Even quick actions can result in a fine, as distraction while driving poses a significant risk of accidents.
How to Avoid Fines and Drive Safely
To avoid fines and maintain safety on the road, some simple habits are effective:
- Activate GPS before leaving
- Use a fixed mount on the dashboard
- Activate “Do Not Disturb” mode
- Stop in a safe location to use the mobile phone
Total Attention is Essential to Avoid Fines and Accidents
The Brazilian Traffic Code is clear about the prohibition of mobile phone use while driving, even when the vehicle is stationary in traffic. The aim of the law is not only to punish but primarily to reduce the risks of accidents caused by distraction. Remember: a few seconds of inattention can have serious consequences.
Do you believe there should be a review of the laws to allow mobile phone use in certain situations, or are you in favor of maintaining the prohibition to preserve safety on the roads?
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