Why using your phone while driving is dangerous
Reduces attention. It takes a lot of brain work to refocus your attention from the road to your phone. For older or tired drivers, changing focus can result in an accident. This was found out by experts from the Royal Society for the Prevention of Accidents of England (RoSPA).
Slows down the reaction. The traffic police say that using a phone slows down the reaction by 3 seconds. During this time the car travels almost 50 meters. At this distance, the driver can encounter any obstacle: from a pedestrian to a multi-ton truck.
Increases mortality. In Japan, 20% fewer people died on the roads after they passed a law banning the use of phones while driving. The number of victims also fell - by 53.3%. This is data from the same RoSPA study.
How to avoid getting a fine from a camera for using your phone. Everything was explained to the drivers
New traffic cameras recorded 82 drivers talking on the phone while on the road. In just two months, there were 247 such motorists. The fine for violation is 1,500 rubles, which can be paid with a 50% discount. These statistics were reported in the Moscow Department of Transport - so far the new complexes operate only in the capital. The Department of Transport also answered the most popular question from motorists: is there any way to use the phone without getting a fine? It turned out that such a possibility exists if, for example, the device acts as a navigator. But you still can’t hold it in your hands.
“Talking while driving increases the risk of accidents by four times, and if the driver is reading or texting, it increases by 20 times. If you use your phone as a navigator, then install a special holder that will allow you not to be distracted on the road,” explained the Department of Transport.
What do the rules and the traffic police say about the phone?
According to Code of Administrative Offenses 12.36.1, the use by a driver while a vehicle is moving of a telephone that is not equipped with a technical device that allows hands-free negotiations entails an administrative fine in the amount of 1.5 thousand rubles. Neither the Code of Administrative Offenses nor the Traffic Regulations provide any clarification regarding what falls under the definition of “use.” That is, if you take the standards literally, then the very presence of the phone in your hand is already subject to a fine. At the same time, if a hands-free device is installed in it, then there should be no fine.
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At the same time, the Moscow Traffic Organization Center (TCO) believes that it is necessary to punish for any use of the gadget at all - this is what Egor Chernov, deputy head of the photo and video recording directorate of the Moscow TCO, told Autonews.ru. However, the final decision is left to the traffic police - after all, the data center only records and compiles materials, based on which the traffic police decide whether to punish the driver or reject the recording made.
The Russian Ministry of Internal Affairs did not respond to requests from Autonews.ru regarding what should be considered a sign of a violation - a direct conversation on the phone with the device at the ear, or simply the very fact of holding the phone in one’s hands. The Autonews.ru correspondent was sent for clarification to the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, where so far they are also silent.
However, at the end of 2021, the head of the traffic police, Mikhail Chernikov, in a letter addressed to First Deputy Minister of Internal Affairs Alexander Gorovoy, explained how the procedure for punishing drivers who used a phone while driving would take place. The corresponding document is at the disposal of Autonews.ru, and its authenticity was confirmed to RBC by a source in the central office of the Ministry of Internal Affairs. The traffic police admitted that there is a threat that the system will incorrectly identify any object in the driver’s hands with a phone. To solve this problem, the system, according to Chernikov, will take at least ten high-quality photographs.
How to use a mobile phone while driving
Wired headset. These are ordinary wired headphones with a microphone. The headphone plug is inserted into the audio jack of the phone, and you can talk. The phone settings allow you to make an “auto answer” - when the phone rings, after 3 or 5 seconds the device itself “answers” the call. You don't need to press anything.
Hands-free mode. If you don’t have a headset at hand, and you don’t want to let go of the steering wheel to make a call, you can turn on the speakerphone and put the phone on the dashboard of the car. To prevent the phone from sliding on the panel or falling during maneuvers, drivers place a rubber mat on the panel.
Wireless headset. The interlocutor’s voice is transmitted via Bluetooth - this is a digital communication channel, like Wi-Fi, but it works no further than 10 meters. It happens that the Bluetooth versions of the phone and the headset are different - then the connection quality may be poor. Before purchasing, check with your consultant about the Bluetooth version on the headset and compare it with the version on your phone.
Multimedia car system with built-in Bluetooth. In almost all modern cars you can connect your phone to the multimedia system. To do this, turn on Bluetooth on your phone - the device will show nearby devices that also have activated communication through this channel. Select the desired item from the list - often this is the name of the make or model of the car.
This headset often comes bundled with smartphones. Source: ozon.ru
A Bluetooth headset transmits the voice of the interlocutor wirelessly. Both hands are on the steering wheel. Source: ozon.ru
An example of connecting to the Lada Vesta system
When the phone rings, just press the green answer button. The phone can be placed anywhere in the cabin
How much is the fine for using a phone while driving?
If clause 2.7 of the traffic rules is violated, an administrative fine is imposed on the violator. It is regulated by Article 12.36.1 of the Administrative Code, and in 2021 its amount is 1.5 thousand rubles . A receipt is sent to the violator by mail.
In practice, such fines are rarely issued. It is quite difficult to prove that a violation occurred. The traffic police officer is obliged to provide video or photographic materials confirming the driver’s guilt. And also support them with testimony.
To draw up a protocol and impose a fine, it is necessary to have a crime . If no filming was taken, 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 offender to justice under Article 12.36.1 of the Code of Administrative Offenses is not always possible.
How traffic police officers record an offense
Photo and video recording of the violation. If the inspector managed to film the driver talking on the phone while driving, this will serve as evidence of the violation.
Testimony of witnesses. If the driver was involved in an accident and before the collision, witnesses noticed him talking on the phone, this may become an aggravating circumstance. The driver’s guilt will be proven, and he will pay the victims for property and physical harm.
Through the cell phone company. Police officers can request details of conversations from the mobile operator. This is a list of calls for a certain period, for example, per day. Police officers use this measure if they need to prove the driver’s guilt in court. Usually, serious violations are dealt with in court: drunk driving or accidents with fatalities.
Alexander Torvard, auto lawyer These fines are issued extremely rarely - only when there is a “penalty campaign”. Inspectors fine under the article for using a mobile phone while driving almost always when there is a “regulation” for such a fine. For example, 5,000 fines by the end of the year. Similarly, pedestrians are fined for jaywalking only if the plan must be followed.
How to challenge a fine for talking on the phone while driving
If administrative liability is imposed on the basis of a protocol from a police officer who stopped a car, before signing it, it is necessary to require proof of the violation. They are recognized as photographs or videos that clearly show that the driver was actually holding the phone in his hands while driving.
The policeman can't show evidence? This means there is every reason to challenge the imposed fine. You can also use other means, for example, request a call printout from your mobile operator, which will indicate that the driver was not having any telephone conversations at that very moment.
There may be relatives or friends in the car who automatically become witnesses. They also need to be involved in a dialogue with the traffic police officer. The names of witnesses and their explanations must be included in the record. According to the law, any citizen who has useful information, including relatives, can act as witnesses in administrative cases.
pixabay.com/Michal Jarmoluk
Remember
- The fine for using a phone while driving a car is 1,500 rubles.
- To avoid getting a fine, use a headset or car multimedia system so that both hands are on the steering wheel.
- In order not to be distracted from the road, it is better to stop and continue the conversation after that.
- A traffic police officer can issue a fine based on photo or video materials, witness testimony, or using details of the driver’s calls.
- Such fines are rarely issued, but they are possible if the traffic police needs to fulfill the plan.
All articles by the author: Evgeniy Lesnov
Regulatory acts
Clause 2.7 of the traffic rules prohibits drivers from using a telephone while driving unless it is equipped with a special device (headset) that allows talking remotely without holding the phone in their hands.
Article 12.36 of the Code of Administrative Offenses of the Russian Federation provides for the imposition of a fine on a driver who talks on the phone while driving a car.
Can an employer restrict telephone conversations?
The Constitution of the Russian Federation and the Civil Code states that a person has the right to dispose of his property at his own discretion, if such actions do not violate the law and do not harm the interests of other persons. If the regulatory framework of an individual enterprise specifies a ban on talking on a mobile phone, then the employee is obliged to obey this restriction. The employee must adhere to the rules of the organization and not violate the terms of the employment contract. This position is clearly described in the Labor Code of the Russian Federation.
However, lawyers explain that such restrictions must be lawful and justified. The bottom line is that the employer has the right to reprimand an employee for spending too much time on personal conversations during working hours. A ban on talking on a mobile phone can be introduced only in those cases specified by law. Such restrictions must be documented, and the employee himself must familiarize himself with them before being hired and concluding an employment contract.
Yakovleva did not report the exact date of consideration of the bill, but explained that they are actively working to ensure that such restrictions do not violate the civil and constitutional rights of citizens.
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As for me, a ban on talking on a mobile phone in the workplace for a certain category of citizens is a completely justified and necessary step. After all, few people would like the fact that the surgeon is distracted by a telephone conversation during an operation. And there are many other professions that logically do not involve communicating via a mobile terminal.
