Publication date: 09.06.2024
Liability of drivers for violation of the rules for using mobile devices while driving
Introduction
The use of mobile devices while driving is one of the main causes of road accidents in the modern world. In Ukraine, as in many other countries, legislation strictly regulates this issue, establishing administrative liability for drivers who violate the rules for using mobile devices while driving.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
Liability for using mobile devices while driving a vehicle is set forth in Article 122 of the Administrative Code. According to this article, drivers who use mobile phones without special devices that allow them to talk hands-free are subject to administrative penalties.
Traffic rules of Ukraine (SDA)
Paragraph 2.9.e of the Traffic Rules of Ukraine prohibits drivers from using mobile phones while driving vehicles, except in cases of using special technical means that allow hands-free conversation.
Types of violations and liability
Using a cell phone without hands-free
Drivers who use cell phones without special devices that free their hands while driving are subject to a fine. The fine is UAH 425.
Repeated violation
If the driver violates the rules for using mobile devices again within a year after the administrative penalty is imposed, the fine may be increased to UAH 850.
The procedure for appealing against fines
Filing a complaint
The driver has the right to appeal the imposed fine if he or she disagrees with the decision on the administrative offense. The complaint can be filed at
to the administrative body that issued the decision or to the court. The complaint must be filed within 10 days of receiving the decision.
Required documents:
- A copy of the decision to impose a fine.
- You may also be interested in the following articles:lawyer consultationlawyer consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents legal assistance online lawyer online legal opinion legal opinion of a lawyer lawyer online
- Documents confirming the circumstances that may serve as grounds for reversal of the decision (e.g., witness statements, video recordings).
- Receipt of payment of the court fee (if the complaint is filed in court).
Court proceedings
After filing a complaint, the court sets a date for the hearing. At the court hearing, all the circumstances of the case are considered, evidence is presented, and the parties testify. The driver has the right to represent his or her interests independently or with the help of a lawyer.
Legal aspects
Evidence base
Various evidence may be used to prove that a mobile device was used while driving a vehicle, such as surveillance video, witness statements, data from a mobile operator, etc.
Challenging evidence
The driver has the right to challenge the evidence provided by the administrative authority. For example, if the video recording is of poor quality or the testimony of witnesses is contradictory, the driver may request that they be excluded from consideration.
Application practice
Statistics
According to police data, a significant number of cases of violations of the rules for using mobile devices while driving are recorded in Ukraine every year. Most drivers pay the fines, but some go to court to challenge the decisions.
