Mobile Phone Use While Driving: What Is and Isn’t Allowed?

Since 3 March 2022, new rules have been in place to combat smartphone use behind the wheel. This raises the question of what drivers are allowed to do with their mobile phones while driving and, more importantly, what is prohibited.

What is an offence?

The law provides for the following prohibition: “Except when the vehicle is stationary or parked, drivers may not use, hold or manipulate a mobile electronic device with a screen unless it is secured to the vehicle in a holder designed for that purpose.” In practical terms, this means that you may not make calls while holding your smartphone, make calls with your smartphone lying on the passenger seat, use your smartphone as a GPS device unless it is secured in a suitable holder, reply to text messages or other written messages, or take photos or videos while driving.

In short, you may not use a mobile electronic device while driving unless it is secured in a holder specifically designed for that purpose. You are therefore not allowed to place your phone on the passenger seat, in the cup holder or in the armrest compartment and use it as a GPS device. Even when your smartphone is secured in a suitable holder, you are strongly advised not to operate it while driving, for example to enter or adjust a GPS destination.

What are the penalties?

Anyone who holds or uses a mobile phone or another mobile electronic device with a screen while driving risks severe penalties. The offence is generally classified as a third-degree traffic offence under Belgian law.

An immediate payment notice (on-the-spot settlement) amounts to €191, plus administrative costs. If the case is brought before the police court, the fine may range from €300 to €5,000. In the event of repeat offending within three years, the penalty may be more severe.

In addition to a fine, the court may also impose a disqualification from driving, commonly referred to as a driving ban. This may last from 8 days to 5 years. Stricter rules also apply to certain novice drivers.

The driving licence may also be withdrawn immediately. As part of targeted enforcement campaigns, public prosecutors may adopt a strict approach under which drivers caught holding their mobile phones are required to surrender their driving licences immediately for 15 days. This is a provisional measure and is separate from any driving ban that may subsequently be imposed by the court.

What is still allowed?

As explained above, you may use your smartphone as a GPS device while driving, provided that it is secured in a holder specifically designed for that purpose. You may also make hands-free calls or play music using a suitable hands-free kit or in-car multimedia system.

In short, stay alert! In an era of smart cameras and increasingly frequent traffic checks, it is easy to get caught committing an offence. Even replying to a single text message could prove costly. So ask yourself: is it worth risking a fine of at least €300 and an 8-day driving ban?