Stopped for cellular does not agree. How to avoid a fine for talking on the phone while driving? To file a complaint with the court

Today, a mobile phone is an indispensable attribute of every person and accompanies him everywhere. This also applies to motorists who spend most of their lives behind the wheel. Often a phone call finds them driving a car. As statistics have shown, the vast majority of drivers answer the call by picking up the phone and negotiating while the car is moving.

Talking on the phone using a special headset

American researchers have conducted the largest number of experiments on the impact of telephone conversations while driving on road safety. Research results show that:

• telephone conversations while driving a car increases the likelihood of occurrence by 4 times;
• Sending messages on a mobile phone while driving a moving car increases the risk of a collision by 6 times;
• talking on the phone on the current effect is akin - at this time, the body's reaction to external stimuli is inhibited. Due to this, the risk of untimely response to a change in the traffic situation and making the right decision increases.

Practically confirms the accuracy of the results of research by American scientists. Therefore, in the new edition of the SDA in clause 2.7, a ban on the use of a cell phone while driving is introduced, unless it is equipped with a special holder that allows you to talk on it remotely without picking up the device.

Phone call penalty

An administrative penalty in the amount of 1,500 rubles is provided for by Article 12.36.1 of the Code of Administrative Offenses for the fact that the driver is talking on the phone, taking it in his hand, while the car is moving. In practice, this punishment is applied by traffic police inspectors very rarely, since the evidence base for this offense must have photo or video materials confirming the fact of the violation and the testimony of witnesses.

Video: Road educational program (phone while driving)

In addition, the very fact of using the phone requires proof. Given that the driver will be the fact of using the phone, citing the evidence of the passenger, who in the vast majority of cases takes his side, to confirm his innocence, proof of the conversation on the cell phone by the driver without incriminating photographs will be extremely unpromising.

How to avoid penalties?

In no case should you give up the benefits and conveniences that provide modern man with such achievements of civilization as a car and a cell phone. Today, life is so rich and dynamic that the need for telephone communication while driving a car is quite common. You just need to use special headsets, like hands free, which allow you to use the phone without picking it up.

In extreme cases, when you need to answer a call or call someone urgently yourself, you should find an opportunity to make a short-term or use the forced idle time at the intersection and in traffic. The rules do not prohibit making telephone conversations while driving a car if it is stationary. You can also talk on the phone without picking it up while driving.

Video: New trick of the traffic police inspector (phone)!

Possible actions of police officers and drivers

The traffic police inspector cannot unreasonably present the driver with an order for violating traffic rules. If he does not have actual evidence that the driver was talking on the phone, then he can make a request to the service department of the mobile operator to detail the conversations from the driver's phone. The coincidence of the time of the conversation with the time of the stop of the car by the inspector will be strong evidence of the correctness of his actions and the existence of an offense.

The same request can be made by a driver accused of a violation if he is sure that he did not violate the Rules in order to prove his innocence. Service departments of cellular companies can provide data on negotiations within 2 months from the moment they were held. Previously, the driver should require the inspector to present a photo or video recording of the violation.

In case of disagreement with the decision of the traffic police inspector to impose a fine for talking on the phone, the driver has the right to demand that an offense report be drawn up indicating the place and time where he must enter his disagreement with arguments. If there were passengers in the cabin, they must be recorded as witnesses. On the fact of using the phone, the most objective and weighty evidence in the dispute is a printout of the conversations and SMS of the cell phone. She will impartially show whether conversations were conducted or not.

It is more difficult to prove how the conversation was carried out, whether the phone was in the hands of the driver during the conversation or not. Even if there is no special holder for a phone and a hands free headset in the cabin, most devices have a speakerphone option that allows you to talk and listen from a distance. This makes it possible for the driver to assert that he did not pick up the phone. In this situation, witnesses of the incident or photo and video materials can come to the rescue.

It should be remembered that the law provides for a period of no more than 10 days to appeal against the decision of the traffic police inspector to impose a fine (Article 30.3 of the Code of Administrative Offenses).

It has long been known that the use of a cell phone while driving is a distraction for the driver. According to some reports, talking on the phone while driving reduces the reaction of the driver to the same level as when intoxicated. Unfortunately, in our country, little attention is paid to propaganda on the refusal to use a mobile phone while driving a car. If you think that many drivers do not use phones for fear of getting a fine established by law for this, then you are mistaken. This provision of the law practically does not work, since the number of administrative cases for using the phone while driving is negligible. That is why a huge number of drivers, not being afraid of a fine, continue to illegally use phones in the car, endangering themselves, passengers and other road users. Our online publication decided to reveal this topic in more detail, destroying the 7 most common myths associated with using a phone in a car.

Myth 1: Hands-free mode is safe to use while driving

Various studies show that , but also as a result of talking to this system. Remember the days when there were no cell phones. However, accidents did occur, caused by radios and cassette players that distracted drivers. A recent study by the US National Security Council showed that actually dialing a number on the phone and talking on it while driving is much less distracting than talking directly using the speakerphone.

Myth 2: Laws that ban the use of SMS text messages while driving reduce the number of accidents on the road.

Many countries around the world, including some US states, have introduced laws that prohibit drivers from writing SMS messages on their mobile phones. The paradox is that since the entry into force of such legislative initiatives, the number of accidents begins, oddly enough, to grow. Why do you think? The reason is that people do not want to give up their electronic gadgets and continue to use their phones to communicate via SMS messages. But fearing to be fined, drivers, after the introduction of such prohibitions, begin to hide the phone, keeping it below external visibility. Since the field of view of the screen is located very low, the peripheral vision of the driver becomes ineffective, which leads to an increase in inattention and an increase in the number of accidents. So, as you can see, the measure to prohibit writing SMS messages while driving a car, unfortunately, does not bring the desired effect.

Myth 3: Most people can multitask.

Only about 2% of the world's population can actually multitask. The rest are not. Human multitasking is a certain number of human actions that are unrelated to each other and require close attention at the same time. For example, multitasking can be called the simultaneous preparation of an accounting report and a simultaneous conversation with someone. But if the report is written in front of the TV, then these actions cannot be called multitasking, since the TV does not require concentration. Unfortunately, most people believe that they can multitask, but in fact, very few people can actually perform complex multitasking at the same time. That is why road accidents occur all over the world. Note. If all drivers and pedestrians followed the rules of the road, then it would not be possible to reduce to zero. After all, it is impossible to teach everyone how to multitask.

Myth 4: Reading text messages or emails while driving is not distracting.

When reading received messages, the driver does not pay attention to the road, concentrating his attention on the text. Many drivers, trying to control the situation, constantly transfer their attention from the phone to the road and vice versa, thus hoping not to get into an accident. But in reality, it often turns out that maximum control occurs only behind the dashboard, when the traffic situation remains for a long time without proper control, which leads to severe accidents.

Myth 5: Using navigation maps on your phone while driving is safe.

Using navigation maps on a smartphone is also very dangerous, as is sending and reading SMS messages while driving. For example, if you get lost and move off the route and the navigator for some reason did not rebuild your path, any driver can become nervous, which will greatly distract his attention from the road. It is especially dangerous in such cases to try to set up a route on the phone screen while the car is moving. The best solution is to find a place to park and set up a map or find your location.

Any modern person cannot do without mobile communications. Most of the communication is done through the cell phone. At the same time, the subscriber can answer the call in any situation: in the cinema, during lunch, and even while driving.

What is a violation

Traffic rules prohibit using a phone and driving a car at the same time. But Article 12.36.1 of the Administrative Code is written ambiguously. It is not clear which use of a mobile phone while driving is prohibited and which is legal. Liability was introduced in 2007. Progress has gone ahead. Then it was about phones, and now there are smartphones, tablets, etc., in addition to SMS, you can write to WhatsApp, Viber, telegrams, etc.

The question arises, if the device has phone functions, then you can not use the entire device or just make calls? No answer. It is also not clear whether it is illegal:

• turn on, turn off or configure your cell phone;
• view information, including videos, texts, photos;
• play games;
• listen to music;
• use the navigator app;
• access the Internet, etc.

But if you talk (in audio or video format), send SMS, messages on social networks, then there is a violation.

The exception is devices that allow you to communicate without hands, the so-called hands-free headsets.

Traffic police officers don't stand on ceremony. If the phone is turned on and brought to the ear, they draw up a protocol. And whether there was a conversation, the driver proves in court himself. If the phone is in your hands and you look at it, this can be equated to sending SMS. Therefore, in order to avoid provocations, it is better to put the phone out of your hands while driving.

What is the fine

The amount of the fine for talking on the phone while driving in 2018 is 1.5 thousand rubles.

This is the only kind of punishment for such an offense. That is, no removals from management, confiscations of the phone, parking lots and other measures can not be applied.

Often drivers are mistaken, thinking that the automatic transmission on the car frees one hand and therefore you can take the phone into it. This is mistake. The technical characteristics of the machine, with the exception of the control of the telephone from the controls of the machine, do not relieve liability.

How is a violation recorded?

Traffic police officers can record violations and issue a decision on punishment. That is, a fine can be issued immediately upon detection of a misconduct.

Most protocols are drawn up when the driver agrees with the violation, pleads guilty.

When a citizen disputes the fact of wrongdoing, the traffic police officer must present more weighty evidence. This is either a video recording, or the testimony of two or more independent witnesses. And that simple imprint in the hands of the driver of the phone does not mean the detection of a violation. The driver must talk on the phone while driving or use the device in a similar way.

If the situation is conflicting and the matter becomes fundamental, then traffic police officers may request a printout of telephone conversations, the so-called billing. And if the exact time of the violation (up to a minute) is entered into the protocol, and after and from the answer of the mobile operator it will be clear that the conversation was at that moment, then it will not be possible to get out. But such measures come in exceptional cases. Since the described procedures are laborious. And if the driver politely denies his guilt, does not give his phone number, then it will be easier for traffic police officers not to get involved with this issue.

By the way, a citizen himself can order a printout to prove his innocence. This is necessary when the protocol is drawn up formally, without trial.

What if you need to talk

If you need to answer a very urgent call or read an important text while driving, it's best to stop. By parking in the designated place for telephone business, you will not put yourself at risk. Yes, and it won't take long.

Some drivers simply turn on the speakerphone on the phone (external speaker), which is not prohibited.

If you have to constantly use your mobile phone in the car, then you can simply install a Bluetooth device in the car at a certified station or simply use a telephone headset.

Why you shouldn't break

Research shows that the phone is the most distracting driver. Simply pressing the buttons or manipulating the touch screen disconnects the driver from the road for just a few seconds.

And if the driver is talking or writing (reading) SMS, then his reaction slows down, actions become indecisive, inadequate. If the conversation is difficult, on emotions, then it can generally absorb the entire concentration of the driver.

No wonder some experts compare a driver talking to a cell phone while driving with alcohol intoxication.

When to speak

In some situations, you can deviate from the rules, but these are extreme cases. For example, you saw an accident where people were injured, but you cannot stop, as this will create a real emergency. You can make a short call to the ambulance or the traffic police and report what you see.

Such situations are rare and you need to make a decision following the call of reason and specific circumstances.

You can still call in traffic jams. After all, there is no movement, so there is no violation. But if you start moving, even at low speed, it will be a violation.

Additional Violations

Be sure, if a traffic police officer is trying to issue you a fine for a phone while driving, then other violations that were committed due to using the phone were the reason for the stop.

Often the driver does not notice how he exceeds the speed limit, does not turn on the turn signals, changes lanes incorrectly, crosses a solid line, runs a red light, stops in the wrong place, etc.

The above violations just arise due to a weakening of attention and a decrease in control over the road.

And in 2018 its size is 1.5 thousand rubles. A receipt is sent to the violator by mail.

In practice, such fines are rarely issued. It is difficult to prove that a violation has taken place. The traffic police officer is obliged to provide video or photographic materials confirming the driver's guilt. And also back them up with evidence.

To draw up a protocol and impose a fine, it is necessary to have corpus delicti. If the shooting was not carried out, and the driver claims that he did not talk on the phone while driving, and these words are confirmed by the passengers in the car, then bringing the violator to justice under Article 12.36.1 of the Code of Administrative Offenses is not always possible.

How the violation is fixed and the fault of the driver is proved

With a high degree of probability, the traffic police inspector will be able to prove the driver's guilt if he provides:

• details of calls from a mobile operator;
• testimony of witnesses;
• photo materials or video filming, fixing the fact of violation.

When compiling the protocol, the employee records exact time incidents. Next, a request is made to the company that services the violator's cell number, with the requirement to provide call details. If the time of a telephone conversation and the stop of the vehicle are approximately the same, then the driver will be imposed fine. This is one of the strongest evidence that the traffic police inspector can resort to if the offender categorically denies his guilt.

Officers may use the testimony of witnesses. They are often other drivers who were stopped shortly before. They can confirm the words of the inspector.

Photo and video filming is often carried out both from patrol cars and directly by traffic police officers. Such records are direct evidence of guilt and the basis for bringing the offender to administrative responsibility.

If the driver is sure of his innocence and believes that the inspector is unreasonably picking on him, then in response he can provide a record of his DVR. Such devices, along with video, also record sound, so all conversations in the car are recorded with the time.

Attention! Reading or texting while driving is even more dangerous than talking. And it increases the likelihood of an accident by 6 times, as it distracts the driver's attention from the road for almost 5 seconds.

The State traffic inspectorate reminds that talking on a mobile phone without using a special headset, sending SMS, reading from the phone screen while driving strictly prohibited. If the fact of violation is established and proven, the driver faces a fine of 1.5 rubles.
This fine can be paid.

What to do if the driver needs to answer the call urgently

Regardless of the degree of importance of the call, the driver is liable for violation of paragraph 2.7 of the traffic rules is not removed. If you urgently need to talk on a cell phone, you must do one of the following:

• Stop the vehicle at the nearest permitted place and, without violating the law, calmly use your mobile phone.
• While driving, turn on the speakerphone on your phone.

Most cell phones have this feature. This will allow you to talk without using your hands.

• When answering a call, use a Bluetooth headset.

Despite the fact that the call may be urgent, it is much more important to follow the rules of road safety when driving. If there is nowhere to stop, no headset, and the phone does not support the speakerphone function, then the call should be ignored. And later contact the desired subscriber at the first opportunity.

Danger of talking on the phone while driving

During a conversation on a cell phone with the driver for 1.5 seconds slows down reaction. If a car is moving at a speed of 60 km / h, then in this short period of time it will have time to travel more than 20 meters. In an extreme situation, such a delay can lead to unpredictable consequences.

Important! Holding the phone in one hand and driving a car with the other, a person is not able to react in a timely manner to a car that has braked sharply in front or a change in the traffic light.

The driver begins to look less often in the rear-view mirrors, his attention is scattered.

The results of the conducted research eloquently testify to the following:

• Talking on a mobile phone leads to a decrease in attentiveness among drivers by 50%.
• Every twentieth accident is associated with cases of talking on a mobile phone while driving.

People who have become the culprits of a traffic accident often themselves admit that they were distracted by a call, or they talked on the phone while driving.

• In 9 out of 10 drivers, the function of external attention decreases and control over the situation on the road is weakened while talking on a mobile phone and driving a car.
• When talking on the phone, peripheral information is ignored, the driver concentrates only on the lane.
• Men and women are equally prone to loss of attention on the road when talking while driving.
• A telephone conversation leads to an increase in the heart rate of the driver by about 5 beats per minute.

Reference! Talking on the phone while driving is illegal in the US, Canada and most European countries.

How to avoid punishment for violating the ban on the use of the phone while driving

When imposing a fine for using a mobile phone while driving, they are guided by the following regulatory documents:

• Code of Administrative Offenses (CAO);
• Traffic Laws.

The best way to avoid punishment is not to break the law. Lawyers give advice don't get fine:

• Buy a phone with a speakerphone function and handsfree headset.
• You can only get a fine if you use your mobile phone while driving. When stopping at a red traffic light, in a traffic jam, on the side of the road or in a parking lot, calling, reading and sending SMS is not prohibited.
• If you need to answer an emergency call and you don't have a headset, you should find the nearest authorized place and park. Then make the necessary call.
• In the event of a stop by a traffic police inspector with a claim that a mobile phone was used while driving, you need to demand evidence offenses. Let him demonstrate a photo or video where it is clearly visible.
• If the driver has not actually spoken on the phone, you should show your mobile phone to the inspector. Modern models record the time of all incoming and outgoing calls.

In order to appeal against the illegal actions of a traffic police officer and the imposed fine, it is necessary to write an application to the court at the place of residence within ten days.
When driving a car, every driver must be aware of the responsibility not only for his own life, but also for the safety of other road users. Caution and compliance with the rules should always come first.

Useful video

Here they talk about the consequences of talking on the phone while driving:

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The most common cause of an accident on the roads of Russia is the driver's inattention, due to which he did not notice a pedestrian or other vehicle in time. Among the factors that can distract him from the road, not the last place is occupied by phone calls and the use of a mobile phone without complying with the rules. It is worth determining what exactly the danger from telephone conversations while driving is, how the traffic police inspectors prove the fact of this violation and what measures of responsibility in this case can be applied.

Fine for talking on the phone while driving

As for the legislative regulation of phone calls, it is established by the Rules of the Road, namely in paragraph 2.7 of the SDA. It indicates a list of actions that are prohibited to the driver while the car is moving, including the use of the phone. Moreover, we are talking not only about conversations, but also about using its other functions, in which hands take part (for example, sending or reading SMS messages).

The ban applies to all drivers, regardless of the brand and manufacturer of the car, as well as various features of its device. This is especially true for owners of cars with automatic transmission, who believe that they have the right to use a mobile while driving.

IMPORTANT! The ban does not apply to cases where the phone is equipped with a special device that allows you to talk hands-free. This device is a telephone headset, which can be either wired or wireless.

It is also quite legal to talk on the phone if it is turned on the speakerphone, because at the same time the driver's hands also remain free. And since the ban applies only to situations when the car is moving, talking on a mobile phone while it is stopped or parked is also allowed. Moreover, this is possible both during parking in a specially designated place for this, and when stopping at a red light.

In all other cases, the use of the phone will be a violation of the Rules of the Road, for which administrative responsibility will be applied. It has the form of a fine and is established by Art. 12.36.1 of the Code of Administrative Offenses in the amount 1500 rubles.

It is worth considering that under the new rules, many violators can reduce the amount of the fine payable by 50%. This is possible if it is paid within the first 20 days after the decision is made and only in relation to a certain list of violations.

Regarding the punishment for talking on a cell phone, then it is also included in this list. Therefore, within 20 days after the commission of this offense, the driver can pay only 750 rub.

Danger of a telephone conversation while driving a vehicle

The penalty provided for in the legislation for this violation is not connected with the desire of the authorities to get additional money from drivers or someone's personal whim, but is caused by quite objective reasons. Driving a vehicle, the driver must fully concentrate on the road, without being distracted by any extraneous factors.

When using a mobile phone, the following negative consequences are observed:

• decrease in the reaction rate;
• decrease in concentration;
• distraction from the situation on the road, etc.

As a result of all this, the risk of an accident increases several times, and it is especially high not even during calls, but when reading or sending SMS. Therefore, using a mobile phone can be no less dangerous than drunk driving, because the driver cannot fully drive a car at this time.

Evidence of violation

Despite the prohibition and the presence of a fine stipulated by law for the use of a mobile phone while driving, In practice, this punishment is not used very often.. This is due, first of all, to the significant difficulties that exist in confirming the commission of a violation.

The following can be used as evidence:

• photographic materials;
• video materials;
• testimony of witnesses;
• data received from the mobile operator.

It is the latter source of evidence that is the most reliable and widespread.

In this case, the traffic police officer requests from the operator the details of all calls of the subscriber and compares the received data with the time the vehicle was stopped. The exact moment of the violation is recorded in the protocol, which is compiled by the inspector. If in the data received from the operator, a call was recorded in the nearest period of time before the car was stopped, the inspector has a legal basis for imposing a fine.

The driver can use exactly the same method to avoid punishment, but only if he is sure that he is right. If, according to the operator, no conversations were recorded with the driver, he can easily avoid paying a fine and challenge the decision. In all other cases, liability cannot be avoided.

It is worth remembering that a fine is not the most serious risk in case of a telephone conversation while driving. No amount of money can compare with the danger of an accident or traffic accident, as a result of which people may suffer.