Just put in the twitter searches the words “support”, “mobile” and “DGT” to see how little it has taken to spread the hoax that the DGT will fine for using suction cup mounts glued to the windshield to hold the mobile phone. And, of course, the outrage it has raised among drivers.
But no, the DGT has not said that. Nor will it say so, because there is no article in the Law on Traffic, Circulation of Motor Vehicles and Road Safety that specifies this. And, for more certainty, this is what the DGT has told us: “we don’t know where that information came from, nowhere does it refer to the fact that you can’t carry supports with a suction cup or that it has to be a support of gripper”.
Fines for using mobile
What the DGT wants is to reduce the use of mobile phone behind the wheel. Distractions are the main cause of accidents and, here, this device has a lot to say. For this reason, the latest reform of the Traffic Law has toughened the punishments for using it.
Specifically, the use of the mobile phone is a serious infraction, for which it supposes a fine of 200 euros and that can subtract between six and three points. As specified in article 76 of the Law, “Using, holding it by hand, or keeping it adjusted between the helmet and the user’s head, mobile phone devices while driving, driving manually using mobile phone devices in conditions other than the above, driving manually using navigators or any other means or communication system, as well as having radar or speedometer detection mechanisms in vehicles”.
In it Annex II, which refers to the deduction of points, specifies that “8. Use, holding in your hand, mobile phone devices while driving” entails the withdrawal of six points from the driving license. Further down, it is also detailed that “20. Driving using any type of audio helmet or headset connected to sound receiving or reproducing devices or other devices that reduce permanent attention to driving, or keeping the helmet and the driver’s head adjusted user mobile telephony devices while driving, or manually using browsers or any other means or communication system, as well as mobile telephony devices in conditions other than those provided for in ordinal 8”.
The confusion
But beyond these two fines, what has spread like wildfire is that the DGT will fine depending on the support we use, which is not true.
In it article 13.2 of the Traffic Law specifies: “the driver of a vehicle is obliged to maintain his own freedom of movement, the necessary field of vision and permanent attention to driving, which guarantee his own safety, that of the rest of the occupants of the vehicle and that of the other users of the road.To this end, you must take special care to maintain the proper position and that the rest of the passengers maintain it, and the proper placement of the objects or animals transported so that there is no interference between the driver and any of them.
Failure to comply with this is a minor offense and is punishable by a fine of 100 euros without deducting points. In other words, if an agent considers that the position of the mobile phone reduces “the necessary field of vision and permanent attention to driving” they can fine the driver, regardless of whether it is placed on a support with a suction cup, clip or any other another type.
But keep in mind that this rule applies to a mobile phone, a badly placed external browser, a badly placed sticker or a cuddly toy on the rear tray of the vehicle, on the boot. It is not something exclusive to the mobile phone.
In short, the fines for which a driver can be punished by mobile phone are the following:
- 100 euros: Bad placement of the mobile phone that reduces “the necessary field of vision and permanent attention to driving”.
- 200 euros and three points: Use it while it is supported on a support.
- 200 euros and six points: Hold it in your hand, regardless of whether you are using it or not.
Photo | pixabay
George is Digismak’s reported cum editor with 13 years of experience in Journalism