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The Controversy Over The Use Of Cell Phone Holders On The Handlebar And Helmet Grows As The Traffic Code Defines What Really Constitutes An Infraction
The recent discussion about a new fine confusing motorcyclists has gained traction on social media and roads. The controversy revolves around the use of cell phone holders installed on the handlebar or attached to the helmet. With viral videos and approaches recorded by the Highway Police, many drivers have come to believe that the use of these devices is prohibited.
In practice, however, the Brazilian Traffic Code (CTB) does not foresee any specific infraction for the use of the holder itself. The confusion arose from imprecise interpretations and erroneous notifications. Below is what the legislation actually determines and which situations can, in fact, result in fines.
What The Traffic Code Truly Prohibits
The legislation is clear: there is no infraction for “having the cell phone attached to the helmet”.
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What can lead to a fine is driving while using a cell phone, according to Article 252 of the CTB, when the device is actually used for communication purposes.
This is a medium infraction, resulting in four points and a fine of R$ 130.16.
The officer must accurately describe the observed conduct, proving that the use compromised attention or safety.
If not, incorrect classification can be dismissed. Article 169, which deals with driving without attention or without the necessary safety precautions, is generic and can only be applied if there is proof of actual risk.
Holder On The Helmet And Risk Of Visibility
The use of cell phones attached to the helmet raises doubts precisely because of the possible obstruction of the field of vision.
When the device interferes with the driver’s visibility, a fine may be issued based on driving without adequate attention. However, there is no direct provision in the CTB to punish merely the presence of the holder.
The infraction is only characterized if the police officer reports in detail in the fine notification that the equipment was impairing vision or compromising safety.
In the absence of this description, the fine becomes contestable.
Holder On The Handlebar: Allowed But With Usage Restrictions
Unlike the helmet, the holder on the handlebar is permitted and widely used by delivery drivers and motorcyclists who rely on navigation apps.
The Resolution 242 of Contran itself allows the use of equipment for GPS information and cartographic images.
The penalty occurs only when the driver manipulates or holds the cell phone while driving.
A simple touch on the screen already constitutes serious infraction, with a fine of R$ 293.47 and seven points on the driver’s license.
Therefore, the risk lies not in the holder, but in interacting with the device while in motion.
Educational Campaigns And Misinformation Online
The recent confusion was fueled by poorly interpreted educational campaigns and videos suggesting new prohibitions.
In an action by the Via Paulista concessionaire with the Highway Police, the guidelines focused on the risk of distraction and accidents, not the creation of a new infraction.
When mentioning the dangers of using a cell phone on the dashboard or with headphones, the focus was to educate, not to punish.
However, part of the public understood the message as a total prohibition, which spread misinformation and fueled the debate about a supposed “new fine” that does not exist.
What The Motorcyclist Should Observe
To avoid unjust fines, the driver needs to:
Keep the holder securely fixed, without compromising visibility.
Never manipulate the cell phone while in motion.
Use GPS apps only with voice commands or automatic settings.
Avoid headphones that reduce auditory perception of the environment.
By following these guidelines, the motorcyclist stays within the law and reduces the risk of accidents.
The supposed new fine confusing motorcyclists is, in fact, the result of incorrect interpretations and a lack of clarity about the CTB rules.
The use of the holder is permitted, as long as it does not compromise attention or involve manipulating the device.
Have you ever witnessed approaches or received fines because of the cell phone holder? Comment below and share your experience.
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