A traffic jam, an endless highway are all situations in which the driver may be tempted to distract himself by watching a video or live TV. However, this practice is strictly framed by the Highway Code since the creation of a specific offence.
Article R. 412-6-2 of the Highway Code prohibits ” the fact of placing in the field of vision of the driver of a vehicle in circulation a device in operation equipped with a screen and not constituting a driving or navigation aid “. In which cases is it still possible to watch in-car entertainment? What are the penalties incurred in the event of a violation? The argus takes stock of the applicable texts and their subtleties.
A ban in principle for the driver in traffic
Article R. 412-6-2 of the Highway Code punishes the fact of arranging a screen in operation in a configuration likely to distract the driver in traffic. Thus, to be able to take advantage of this screen and what it broadcasts, the driver must not be in a traffic situation. The vehicle must be stopped, engine off and parked in a place where parking is authorized. Stopping on the roadside, waiting in traffic jams or at a red light is not enough and places the driver in illegality if the screen is on, the law considering that he is then in circulation.
On the other hand, the offense is not constituted when the screen (tablet, smartphone, integrated or standard DVD player) does not work while the motorist is driving. When it works, the screen must not be positioned in the driver’s field of vision. It cannot therefore be placed on the windscreen, the front side windows, the dashboard or even the rear parcel shelf, where it could be visible through the central mirror. The offense is also characterized, even if the driver does not look at the lit screen.
Passengers can enjoy such entertainment provided that the screen is not accessible to the driver’s view. Not always easy for the front passenger who, in practice, will have to carefully direct his smartphone or tablet to reserve use.
TO READ. Using your phone in a stationary car, is it allowed?
Heavy penalties for violations
When it was created in 2008, the offense was a fourth class offense punishable by a fixed fine of €135 and a withdrawal of 2 points from the driving licence. The development and democratization of multimedia devices have led the public authorities to toughen the penalties incurred by a decree of January 3, 2012. Today it is a fifth-class offense with heavy penalties:
- fine of a maximum amount of €1,500 and even €3,000 in the event of a repeat offense (amount set by the police court);
- withdrawal of 3 points from the driving licence;
- immediate seizure of the device by the reporting officer then systematic confiscation of it by the court in the event of conviction.
And if the driver is caught by law enforcement looking at the screen, an additional offense is also likely to be raised against them. This behavior may indeed fall under Article R. 412-6 of the Highway Code, a general, less repressive text, which requires all drivers to be constantly in a position to carry out conveniently and without delay all the necessary maneuvers. A second class offense punishable by a fixed fine of €35 but no deduction of points.
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