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If you hold the phone in hand, will be fined or not?

Times when talking on a mobile phone was only holding it near your ear, remained in the distant past. Let’s figure out what actions of the driver with this gadget you can now get a fine.

With the rapid proliferation of mobile phones the head of the Russian traffic rules about General duties of the driver complement clause, which prohibits “to use during movement by phone, not equipped with a device enabling them to carry on negotiations without use of hands.” Penalty for violation prescribed in article 12.36.1 administrative code — a fine of 1500 rubles.

Loose interpretation of the law does not allow, and it says “negotiate”. So, strictly speaking, to punish you just for talking on the phone and nothing more. This position, in particular, announced recently the head of traffic police of Tatarstan, a region famous for its strict against the violators. The Department refused to fine the bus driver for watching videos on a smartphone while driving. The fact is not talking, gadget in hand — no penalty.

But there is another clause — “without hands”. It theoretically allows the application of the sanctions for what you write messages, sit in social networks or the Internet (in other words, as you are doing). Theoretically, because this appendage meaning is inseparable from the phrase “negotiate.”

But if you are talking on the speakerphone, but the phone hold in hand, get ready to shell out. The use of “technical devices” does not excuse you from the phone in your hand, and it is a hindrance. In this case, the probability of penalty is 100%.

As you can see, there are some loopholes to argue with the inspector or the judge. We believe that the shortcomings of the law that need to be addressed. Common sense dictates that distracted on the phone is dangerous in any case. And, in our opinion, the direct conversation, which concerns the prohibition in the SDA, the least dangerous form of communication. After all, the driver looks at the road and your mirrors, and not on the screen of the gadget. It turns out the legal anecdote: explicitly stipulates the punishment for the lesser of two evils, and that the penalties for other actions can be avoided with well suspended language.

Photo: “Behind the wheel.Of the Russian Federation”

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