Distracted driving advice and FAQs
For a minor collision, no. But more and more cameras on other vehicles such as trucks and buses are capable of seeing into cars so if you were on your phone before a collision these cameras would potentially pick it up.
For more serious collisions involving death or serious injury if distracted driving is suspected then the drivers involved may have their mobile phones seized for analysis in terms of potential use at the time of the collision.
Is it really worth thinking about? Put it away before you drive.
In certain circumstances, yes. Penalty points are about offences which endanger other road users. So one example is Dangerous Parking. If a driver has parked in such a manner that has endangered other road users, they can receive a €60 fine and 3 penalty points.
Also if a driver is stopped at traffic lights and failed to proceed upon the green signal and they are detected holding a mobile phone or another distraction they could receive a fine and penalty points.
Checking navigation maps counts as phone use, but it is generally permitted while driving if the phone is securely mounted in a cradle. However, you must not hold the phone in your hand, cradle it or have it on your lap while driving. This constitutes "holding" which is the offence.
It is also important to note if your phone is in a holder, but causes you distraction you could be prosecuted with driving without reasonable consideration.
The penalty will depend on the seriousness of the offence, and sometimes on how many offences you have committed in the past. It ranges from a fixed charge notice for the offence of ‘driving without reasonable consideration’ which will mean an €80 fine and 2 penalty points to the upper end of the scale, ‘dangerous driving causing death/serious injury’ where you could be fined up to €20000 and receive a jail sentence of up to 10 years.
Hands-free calls are no different to changing the radio station or air conditioning, a button needs to be pressed to answer and end the call which can also be distracting.
If you are on a hands-free call, do not to become so engrossed in a conversation that you are distracted from driving. The other person on the call cannot see the weather, traffic, and road conditions that you are driving in.
Your concentration should be 100% on driving.
If the phone is in a holder then, yes. However, if the driver is holding or cradling the phone then no. Most modern vehicles have Bluetooth built-in. Remember, your priority and concentration should be on driving, and not on having a conversation.
Yes, your passenger can send a message or answer a call for you. Once they are not holding the screen in front of you or distracting your from driving. As your attention should be on the road.
Once the vehicle is running and on a public road the phone shouldn't be reached for by the driver. There has been a noticeable increase in vehicles not proceeding at green lights due to phone distraction. This is frustrating for other road users and makes traffic worse. Distracted driving can lead to a fixed charge notice for the offence which will mean an €80 fine and 2 penalty points.
If a vehicle is detected drifting outside their lane, swerving or showing signs of distracted driving and the driver is stopped and states they were changing the radio station, the penalty may be a €80 fixed charge notice and 2 penalty points for driving without reasonable consideration.
This is a frequently observed one! Two reasons it is a very bad idea; firstly, considering it would occupy one or sometimes both of your hands one would not be in full control of their vehicle. Secondly, most people need to look in a mirror for periods while applying make-up and their focus is then taken off the road.
If a vehicle is detected drifting outside their lane, swerving or showing signs of distracted driving and the driver is observed applying make-up, they may incur a fixed charge notice for the offence of ‘driving without reasonable consideration’ which will mean an €80 fine and 2 penalty points.
- I was just looking at maps
- I was just hitting answer on a call
- I was just changing songs
- I was holding it but I wasn't using it
None of these excuses will exempt a driver from a fixed charge notice of €80 fine and 2 penalty points
Don’t do it! Ask yourself if it is really necessary. Driving requires your full attention and should never be a secondary activity.
