Phone at the wheel 2026: hands-free kit, fines and point loss

Phone use at the wheel is responsible for 12% of fatal accidents in France according to ONISR 2025, about 390 deaths. With smartphones, in-car screens and constant notifications, distraction has become a major scourge. French legislation, among Europe's strictest, bans not only the handset in hand but also the wired or wireless earpiece. Overview of 2026 rules, penalties and case law.

What is forbidden in 2026

Article R412-6-1 of the Road Code prohibits use of any handheld device by the driver of a moving vehicle. This includes phone, but also tablet, portable GPS, or any non-fixed screen. Article R412-6-2, added by the law of 17 August 2015, extends the ban to devices emitting or receiving sound through the ears: earpieces, headphones, earbuds, whether wired or Bluetooth.

Earpiece detail

Any wired or Bluetooth earpiece placed on or in the ear is forbidden, whether used for calling, listening to music, or receiving GPS indications. This rule applies to both ears, including for hearing-impaired drivers using a specific hearing device (which must then be a certified medical device, not detectable as communication earpiece).

What is allowed

The vehicle-integrated Bluetooth system, with built-in microphone and speakers (car hands-free kit), remains allowed. The phone can then receive calls broadcast on the speakers, provided the driver does not handle it. Voice commands (Siri, Google Assistant, Alexa Auto) allow making a call or a message without touching the screen. The smartphone can be placed in an approved holder fixed on windshield, dashboard, or air vent.

Approved holder

The holder must be stable, not obstruct vision, and allow the driver to keep hands on the wheel. Magnetic, clip or suction holders are authorised if they meet these criteria. Handling the smartphone (even in the holder) to change track, validate a notification, or type a message remains forbidden, except via voice command.

Penalty: 135 euros and 3 points

Holding a phone in hand at the wheel is a 4th-class contravention: 135 euros fixed (90 reduced, 375 increased), 3 points loss. The sanction is identical for forbidden earpiece, audio headset, or earbuds. The report can be established by any agent (police, gendarmerie, municipal police, public road surveillance agent) having witnessed use.

Possible suspension

Since the law of 18 November 2016 and decree of 22 May 2020, the prefect can order administrative licence suspension up to 6 months if phone use is concomitant with another offence (speeding, safety distance non-respect, solid line crossing). This double sanction is increasingly applied since 2024.

Phone case while stationary

Is holding your phone at a red light or in traffic jam allowed? No, according to consolidated case law. The Court of Cassation confirmed in 2014 then in 2024 that the temporarily stopped vehicle (red light, jam, traffic congestion) remains a vehicle in circulation under the Code. To legally use your phone, you must stop in a regulatory parking spot, turn off the ignition, and engage the handbrake.

2024 case law clarifications

Crim. 12 November 2024 specified that even a vehicle stopped with engine running in frozen jam remains in circulation. Crim. 5 February 2025 however ruled that phone use by a passenger is not punishable, even if the screen is visible to the driver, provided the latter does not handle it.

Distraction and accidents

According to a 2025 VINCI Autoroutes Foundation study, 76% of drivers admit using their phone at the wheel at least once a week. Consulting a message doubles accident risk. Writing a message multiplies it by 23. Driving after watching a screen (video, social network) causes 2 to 5 seconds of complete inattention, that is 50 to 140 metres travelled blind at 90 km/h.

Practical recommendations

Activating Do Not Disturb While Driving mode (available on iPhone and Android) automatically blocks notifications. Entrusting the phone to a passenger for the trip duration is the simplest solution. Investing in a car Bluetooth system (50 to 200 euros for an additional unit on older vehicle) allows legal answering. To check the point balance in doubt after an offence, Mes Points Permis offers free access to the information statement.