Mobile phone while driving in Belgium: fine and rules

Reading a message at a red light, the sat nav resting on your knee, calling with your phone wedged between your ear and your shoulder: it all seems harmless, but it is a third-degree offence. Since March 2022, the rule has also become stricter. It is no longer only forbidden to hold a phone in your hand: any use of a device with a screen that is not placed in a holder is forbidden.

The police check this intensively, and several public prosecutor’s offices have the licence withdrawn immediately when a driver is caught with a phone in their hand. This article is part of our overview of traffic offences, their degrees and the procedure.

What does the rule say?

Article 8.4 of the Highway Code, as it has applied since 3 March 2022, provides:

« Sauf lorsque son véhicule est à l’arrêt ou en stationnement, le conducteur ne peut utiliser, tenir en main ni manipuler aucun appareil électronique mobile doté d’un écran, à moins qu’il ne soit fixé au véhicule dans un support destiné à cette fin. »

In English (our translation): “Except when the vehicle is stopped or parked, the driver may not use, hold or handle any mobile electronic device with a screen, unless it is fixed to the vehicle in a holder designed for that purpose.”

Three elements matter.

Any device with a screen. This is not only a smartphone, but also a tablet, a laptop or a portable sat nav.
Use, hold or handle. In the past, only holding a phone in your hand was an offence. Today, it is enough that you use or handle the device, even if it is not in your hand.
A holder designed for that purpose. The device may only be used if it is in a holder designed for that purpose and fixed to the vehicle.

The ban only lifts when the vehicle is stopped or parked. Waiting at a red light or in a traffic jam does not count: legally, you are still taking part in traffic.

What is allowed and what is not?

Situation	Allowed?
Phone in your hand, even just to look at it	No
Using the phone on your knee, in the centre console or on the passenger seat	No
Calling with the phone wedged between your ear and your shoulder	No, that counts as holding it
Calling on speakerphone while holding the phone	No
Navigation on a phone lying loose on the dashboard	No
Using a laptop or tablet on the passenger seat	No
Phone in a holder fixed to the vehicle, even if you touch the screen	Yes, but not advisable
Calling via the on-board computer or hands-free, without touching the device	Yes
Calling with earphones, the phone in your pocket and without handling it	Yes
Phone plugged into the charging cable, without you holding or handling it	Yes

A makeshift attachment, such as Velcro or a phone wedged against the windscreen, is not a holder designed for that purpose. You then run the risk that the police and the judge treat the use as an offence.

Even in a holder, using the device remains dangerous. Anyone who types messages or scrolls while driving can still be prosecuted for careless driving in the event of an accident, even if the device was properly fixed.

What penalty do you face?

Since the 2022 law, using your phone while driving has been a third-degree offence. Before that, it was a second-degree offence.

Immediate payment. In most cases, the police offer an immediate payment (perception immédiate) of the amount set for the third degree.
Summons. The public prosecutor (parquet) can also summon you to appear (citation), for example for a repeat offence or in combination with other offences. The police court judge can then impose a fine and a driving ban (déchéance du droit de conduire).
New drivers. Anyone who has held a category B licence for less than two years also risks having to retake the theory or practical test.
Immediate withdrawal. Several public prosecutor’s offices, in particular in Limburg, East Flanders and West Flanders, have since 2023 or 2024 had the licence withdrawn immediately for 15 days when a driver is caught with a phone in their hand. See our article on immediate licence withdrawal.

In the event of an accident

If you cause an accident while using your phone, this weighs heavily in the assessment of your liability and of the penalty. Since 1 September 2026, driving with a phone in your hand is also one of the circumstances that allow a fatal accident to be prosecuted as homicide dans le cadre de la circulation with aggravating circumstances, with much heavier penalties. See our article on homicide in the context of road traffic.

How common is it?

The Vias institute regularly measures phone use at the wheel from the roadside. The share of drivers with a screen device in their hand fell from 4.5% in 2013 to 2.0% in 2023. Vias notes, however, that people make fewer calls with the phone in their hand but tap on the screen more.

And under the new Public Road Code?

The new Public Road Code (Code de la voie publique), which comes into force on 1 June 2027, takes over the rule as it stands, with one addition: the same ban now also applies to the accompanying person of a learner driver during driving lessons. The article number does change, though. See our article on the new Public Road Code.

Defending yourself

A phone-at-the-wheel offence is usually based on the finding of an officer who saw you driving. That finding has special evidential value, but it must be precise.

What exactly did the officer see? Were you holding a device, or another object, for example? Where and from what distance was the finding made?
Was the vehicle stopped or parked? In that case, the ban does not apply.
Was the device in a holder? A properly fixed device may be handled.
Your phone data. Sometimes a record of your calls and data traffic can show that you were not on the phone at that moment.

Frequently asked questions

Can I use my phone when I am stopped at a red light?

No. The exception only applies when the vehicle is stopped or parked in the legal sense. Waiting at a red light or in a traffic jam is not stopping: you are still taking part in traffic. Anyone who reads or types a message with the phone in their hand at that point commits a third-degree offence.

Can I make calls with earphones or via the on-board computer?

Yes, as long as you do not hold or handle the device. Calling via the on-board computer, a hands-free system or earphones is allowed if the phone is in your pocket or in a holder. As soon as you pick up the device or touch the screen while it is not in a holder, you are breaking the rule.

Is a phone on my knee or on the passenger seat allowed?

No. The ban covers not only holding the device, but also using and handling it. Anyone who follows the navigation on a phone resting on their knee, in the centre console or on the passenger seat, or reads a message on it, is breaking the rule. Only a device placed in a holder designed for that purpose and fixed to the vehicle may be used.

What do I risk if I am caught with my phone in my hand?

It is a third-degree offence. Usually, you are offered an immediate payment. In several judicial districts, the public prosecutor also has your licence withdrawn immediately for 15 days. If you are summoned to appear, the police court judge can impose a driving ban. New drivers risk reinstatement exams (examens de réintégration).

Can I touch my phone screen if it is in a holder?

Legally, yes. The rule does not prohibit use when the device is fixed to the vehicle in a holder designed for that purpose. It does, however, remain dangerous and is not advisable. If you cause an accident while touching the screen, this can be regarded as careless driving.

Have your case reviewed

Have you been caught with your phone at the wheel, or has your licence been withdrawn for that reason? We check whether the finding is correct and which consequences are realistic. Contact us.

Law as at 29 September 2026. We update this article when the rules change.

Mobile phone while driving in Belgium: what is allowed and what is not?