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Motorist with a smartphone on his lap does not have to pay a fine

A judge has ruled that a motorist with a telephone on his lap does not have to pay the fine of 240 euros. It could not be shown that the motorist was holding the phone while driving.

Can you use a phone while driving?

The national government gives the following answer to the question: “You are not allowed to hold your mobile phone, music player, tablet or navigation system while driving your car. You should also not clamp these devices between your ear and shoulder. You may, however, operate your telephone if it is in a holder. For example, if your navigation system asks to accept an alternative route. Furthermore, you can always use voice control.” From 1 July 2019, the same ban will also apply to smartphone use while cycling.

In 2018, a motorist was fined for operating his phone while it was in a holder. The motorist was found in the right because the law was not clear about this at the time. Now a similar lawsuit has arisen. The Arnhem-Leeuwarden Court of Appeal decided in an appeal that a motorist with a telephone on his lap does not have to pay the well-known fine of 240 euros. That reports NU.nl. According to the court, it could not be determined that the phone was held while driving.

Dangerous

You may only use a phone in the car hands-free or if it is in a holder. But we all know that these actions are also dangerous. If you call with your phone in the car, the chance of an accident doubles, and for other smartphone use, the chance is then six times greater. Yet we still use the smartphone in traffic. Research has shown that almost 70 percent of participants in traffic use the telephone. A large proportion of the motorists and cyclists who took part in that survey estimated the risk of a fine as (very) low.

What do you think should be done to reduce smartphone use in traffic? Let us know in the comments below this article.

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