Can you really be fined for using your mobile phone in a car mount in Spain?
While it is obvious that holding the handset while driving can lead to a fine, as well as losing points on your driving licence, what happens in other circumstances?
It is obvious all of us that we cannot use mobile phones in our hands while driving. The law in Spain has been clear on this for years. The penalty for holding a mobile phone in hand and using it while driving can result in losing six points on your licence and a fine of 200 euros. But many people are wondering, especially in these summer months, whether it is possible to use the mobile phone in a car mount on the dashboard.
In this case, there is no problem as long as it is approved and the phone is not used while driving. "If you need to use your mobile, stop in a suitable place, carry out the operations you need to do with your phone and then resume driving," said DGT director Pere Navarro, adding that the use of a mobile phone that is in a car mount while driving can result in the loss of three points and a fine of 200 euros.
What if you are holding your mobile phone while it is switched off? In this case, the circumstances are different but still punishable. According to Navarro, "the ATGC police (the Guardia Civil's traffic group) cannot and should not check whether the mobile phone is switched off", so it can still lead to a fine and points being deducted.
Approved devices
Other types of devices, however, are permitted, according to the traffic law, as long as they don't require the use of hands, headphones, earpieces, or similar equipment. How do you know if a device is approved? Navarro recommends checking with the seller or the manufacturer's instructions to verify that the device carries the corresponding approval label.
On the other hand, the regulation does authorise headsets and other wireless devices on motorbikes and mopeds, including intercoms on motorcyclists' helmets, but only for communication or navigation purposes. Navarro justified this distinction between the use of these types of devices in cars and motorbikes by pointing out that "these devices are EU-approved and have passed all the controls. Their purpose is to increase the safety of motorcyclists. Their improper use is outside the scope of the regulation".
In relation to smartwatches, including those that receive calls, Navarro pointed out that, "as you don't have to hold them in your hand to use them, they don't interfere with driving" and are therefore treated as hands-free.
