Am I allowed to hold my phone while driving?
No. You may only use the phone hands-free; holding it in your hand while driving is an offence. The fine is 250 euros and 3 penalty points (Article 35 ZPrCP). Two myths fall at once. First: 'I will just glance at a message at the red light' — stopping at a traffic light or in a queue is still legally driving, because the ban applies while you take part in traffic, not only while the vehicle moves. Second: 'the fine is 120 euros' — the amount doubled from 120 to 250 euros in August 2021, when 3 penalty points were introduced for the first time, where there had been none. Some older pages and tables still quote 120 euros with no points, which is wrong. The law allows use of the device only in a way that does not require holding it — a hands-free system, a cradle or Bluetooth; tapping at a phone sitting in a cradle also counts as the dangerous behaviour the police treat as an offence.
📋 The rules
- Article 35 ZPrCP: while driving, a driver must not use devices or equipment in a way that reduces their hearing or vision or their ability to control the vehicle — in practice this means any use of the phone by hand.
- The fine for using a mobile phone while driving is 250 euros and 3 penalty points; the amount and the points have applied since August 2021, replacing the previous 120 euros with no penalty points.
- Only hands-free use is allowed — a phone in a cradle, a hands-free kit or Bluetooth. The exception is about the hand: typing and scrolling remain a breach, even if the device sits in a cradle.
- The ban applies the whole time you take part in traffic, so also when stopped at a red light, in congestion or in a queue — the vehicle is legally still driving then, not parked.
- The 3 penalty points add up in the two-year record: at 18 points (a regular driver) or 7 points (a novice driver) the licence stops being valid, so repeated phone use quickly becomes a serious problem.
🔓 Exceptions
- Hands-free use is expressly allowed — a call over the speaker or an earpiece is not an offence, though experts warn that even a hands-free conversation narrows attention and lengthens reaction time.
- Using the phone when the vehicle is properly parked and out of traffic is not covered by the ban — the key difference is between parking and merely stopping briefly at a light or in a jam, which still counts as driving.
- Drivers of emergency vehicles on an intervention with blue lights and sirens are exempt from some traffic rules, which in practice covers necessary use of communication devices during the response.
⚠️ Penalties & fines
The base cost is 250 euros and 3 penalty points per offence. The points are what make the penalty serious: they add up over two years, and each new instance of phone use brings the driver closer to the threshold of 18 points (a regular driver) or 7 points (a novice driver), where the licence stops being valid. If you do not pay the fine within eight days, you lose the half-price discount and pay the full amount, while unpaid fines go to tax enforcement at FURS together with procedural costs. The real cost shows in a crash: the police rank the phone among the most common causes of inattention, and if phone use contributed to a collision, the driver faces further, more serious offences and civil and criminal liability, while the insurer can seek recovery. Using a phone while driving is one of the most frequently fined offences in the country.
📎 Official sources
- PISRS · statute register (Road Traffic Rules Act, Article 35) →
- AVP · Traffic Safety Agency (phones and driving) →
- Police · prevention content on inattention →
❓ Frequently asked
May I check a message while stopped at a red light?
No. Stopping at a traffic light or in a queue is still legally driving, so the ban under Article 35 ZPrCP applies. Use is allowed only when the vehicle is properly parked and out of traffic, not during a brief stop in the flow of traffic.
Is the fine still 120 euros?
No. The amount doubled from 120 to 250 euros in August 2021, and 3 penalty points were introduced at the same time. Older tables and pages that quote 120 euros with no penalty points come from the rules before that change and no longer apply.
May I use a phone in a cradle?
Calls and navigation through a hands-free system are allowed, because they do not require holding the device. Typing messages or scrolling on a phone in a cradle, however, remains dangerous behaviour that the police treat as a breach of Article 35 ZPrCP.
How many penalty points does phone use bring?
Three penalty points per offence, which add up in the two-year record. At 18 points for a regular driver and 7 points for a novice driver the licence stops being valid, so repeated phone use can end in the loss of the driving licence.
Does the ban also cover hands-free calls?
A hands-free call over the speaker or an earpiece is not an offence, because it does not require holding the phone. Experts still warn that even a hands-free call narrows attention and lengthens reaction time, so they advise against it in demanding traffic.
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