I recently came across an article with exactly this content and I decided to discuss with you all the technical possibilities for implementing such a right. By the way, whose rights? Should the manager demand that the employee not be distracted from work or the employee’s right to personal life?

What if the employer stipulates in internal documents, for example, internal labor regulations, employment contract, code business ethics and other documents of the employer, a ban on conversations that are not related to work, that is, on personal topics on a mobile or work phone? But we are all human and understand perfectly well that any employee may have some extenuating circumstances at home: a sick child, elderly parents, etc. And wouldn’t restricting an employee’s right to call home infringe on his right to information and contact with his family?

Can an employer prohibit the use of mobile phones in principle? And allow calls only from business (landline) phones?

On the one hand, the employer can actually prescribe everything that is not prohibited by law in its local regulations and familiarize them with the signature of the employees, and in case of non-compliance, apply disciplinary sanctions. No one will argue with such obvious requirements as complying with labor protection requirements, fire safety, and conscientiously performing duties. But as soon as we start talking about the dress code, ethical behavior, smoking while working, talking while working, including on the phone, etc., there is no longer any need to talk about clear judicial practice.

Of course, during working hours the employee must perform labor duties that constitute the content of the labor function. However, from the above it also follows that the employer, by approving internal local acts, has the right to regulate the employee’s behavior insofar as it is directly related to the employee’s performance of his labor function.

A Art. 23 of the Constitution of the Russian Federation, among the inalienable rights and freedoms that belong to every person from birth, names the right to privacy, which implies the inadmissibility of arbitrary interference in the private life of a citizen, which undoubtedly includes family life.

And any family citizen in our country, in addition to certain rights, also has responsibilities established by the Family Code. In particular, this is the responsibility for the upbringing and development of their children, care for the health, physical, mental, spiritual and moral development of their children, the duty to care for their disabled parents. On the other hand, any employer will say that an employee can perform these duties at any time of the day, but not during working hours, and he will also be right.

What is the way out of this situation:

First: if talking on the phone directly interferes with the employee’s performance of duties and creates a risk of endangering people, such a ban will naturally be lawful. For example, a pilot, driver, surgeon, work on complex machines, where any distraction can lead to damage to the health of the employee, etc., and then such restrictions should apply to certain periods of work: driving, operation, work itself with equipment.

Second: if talking on the phone does not directly interfere with the employee’s work function, but certain moments may interfere with immediate duties. For example, a salesperson who is talking while his customers are waiting in line - naturally, in this situation, talking on the phone does not pose a threat to life and health (if you do not take into account angry customers), but it interferes with the performance of work duties. Then the ban on telephone conversations in these situations can be directly stated in job responsibilities, employment contracts, local regulations, and such a ban will be justified. For violation of this prohibition, the employer will be able to bring the employee to disciplinary liability.

Third: for example, an office worker. Will talking on the phone interfere with his ability to perform his job duties? Everything depends, naturally, on the sanity of the employee himself. We all make phone calls during the workday. But some call 1-2 times per working day, and the conversation does not take more than 1-2 minutes, while others call 20 times a day and talk for 20 minutes. Please note that since this happens during working hours, the employer pays the employee for this time. But execution job responsibilities not happening at this time.

It is therefore obvious that the employer has the absolute right to limit the duration of such negotiations.

In fact, it is not very difficult to spell out all the prohibitions and restrictions in local regulations. It is difficult to further document this violation and apply disciplinary action to the employee.

If the employer provides the employee with a work mobile phone and phone calls The employer also pays - in this case, he has the right to prohibit the use of a work mobile phone for his own needs. Here, the fact of proving this violation will be a little easier, since the employer can always request a printout of the calls and ask the employee to explain to whom this call was made, to perform what job duties.

But, if an employee calls for personal purposes from his phone, then in order to document a violation of the limitation on the duration and number of calls, it is necessary for officials monitoring the implementation of internal requirements, including disciplinary requirements, to issue a report or memo. After this, the employee must, according to the established procedure, request written explanations and, if desired, impose a disciplinary sanction, taking into account the degree, severity of the offense, and the employee’s guilt.

In any case, the extent to which calls for personal needs can be limited in each individual organization depends on the specifics of the work activities of specific positions. But not limiting or regulating this situation in any way is also not entirely correct, since the loss of working time for personal affairs during work, according to estimates from various research organizations, amounts to 5-15% of working time.

On the other hand, if the employer doesn’t care or is purposefully loyal to such calls, it’s better to present it as loyalty. That is, employees should not take for granted that they can do whatever they want during working hours, they should understand that this is wrong, but the employer provides employees with such a preference - the opportunity to call for personal needs during working hours. In order for you, as an employer, to pay for this, at least, received the gratitude of employees.

But, in any case, in order to stop abuse by individual employees, it is optimal to at least limit the time of calls for personal needs. It is clear that most workers will be quite reasonable themselves, but there will definitely be an employee who will go beyond the average time loss and do his own business for half a day. And at the moment when you want to formally present a complaint to him about this, you must have a prepared documentary basis for applying a disciplinary sanction. That is, such a prohibition (restriction) must be enshrined in the internal labor regulations or other local acts and the employee must be familiar with them upon signature.

In general, whether to call or not to call, to pay or not to pay for handling the personal affairs of your employees is up to you to decide.

Mobile phones entered our lives not so long ago: just some 15-20 years ago we got along just fine without them. However, now it is difficult to imagine a person who would not have this device.

The whole point of the existence of a mobile phone is precisely that its owner becomes available for communication at any time and anywhere – including while driving a car. Therefore, it often happens that a person waiting for an important call holds the steering wheel with one hand and grabs the phone with the other.

It’s just that a situation where the conversation is suddenly interrupted by a wave of the inspector’s baton, the drawing up of a protocol and a fine is, alas, not uncommon. So let's figure out how to use the phone without punishment - and what to do if you are stopped.

○ Consequences of using a phone while driving.

Driving a car requires concentration. Attention is distracted - and it’s not far from an accident. And it’s also good if it’s limited to just a dented bumper or stripped paint.

Researchers in the USA, where the mass use of mobile phones began earlier than in Russia, collected statistics from which it follows:

• Driver inattention is the cause of about half of accidents.
• When talking on the phone, the likelihood of an accident increases by at least 4 times.
• Typing SMS and sending it – at least 6 times.
• The average time a person spends opening an SMS and reading it is 4.6 seconds. All this time, we can assume that the driver has absolutely no control over the road or the car on it.

As a result, we can conclude: using a mobile phone while driving, if not as scary as drunkenness, is in many ways comparable to it.

○ How will the inspector prove that I spoke?

Often the offender may have a question: how to prove that the phone was actually used? This is especially true when in the car, in addition to the driver himself, there is at least one passenger who, if anything, will confirm in court that no telephone existed in nature.

In this case, evidence may be:

• Video recording. Traffic police patrol cars are now often equipped with video cameras, the recording of which can show a specific driver with a phone to his ear.
• Witnesses. The inspector may well find a person who will confirm that he actually saw someone driving while talking on the phone. It is quite possible that such a witness will be a previous stopped violator, who will receive a warning instead of a fine if he gives the necessary testimony if necessary.
• Call printout obtained from the telephone company. This method is used if the violator “followed the principle” and appealed the fine in court. If a short time has passed between drawing up the protocol and the call, the judge will almost always be on the side of the traffic police.

In addition, it is necessary to take into account: in administrative cases provided for by Chapter 12 of the Code of Administrative Offenses of the Russian Federation (that is, concerning automobile offenses), judges tend to listen more to the opinion of traffic police officers than to drivers. Moreover, the note to Article 1.5 of the Code of Administrative Offenses of the Russian Federation directly states: if the offense was recorded by an automatic camera, the presumption of innocence for the driver does not apply: it is not the traffic police who must prove that he is guilty - but on the contrary, he himself is his innocence.

○ Fines for using a phone while driving.

The punishment itself for using a mobile phone while driving is provided for in Art. 12.36.1 Code of Administrative Offenses of the Russian Federation. According to this provision, the perpetrator faces a fine of one and a half thousand rubles. There is no alternative in the form of a warning here.

A fine is imposed if the conversation was conducted on a telephone that is not equipped with a hands-free system, which allows you to answer calls without holding the phone to your ear.

You must also remember that fines are imposed not only for talking, but also for reading or sending SMS, surfing the Internet and any other use of the phone. It’s better not to use even excuses like “I didn’t call, I was scratching my ear with the phone”: not only the inspector, but also the judge will not believe them.

At the same time, you can use the phone without a headset. But for this, it must be configured to use a speakerphone, and the device itself must not be in the hands of the driver, but fixed somewhere on the panel.

Now let’s figure out what to do to avoid being fined:

• First of all, do not use your phone without a handsfree headset or speakerphone.
• If you need an urgent telephone conversation and you don’t have a headset, it’s better to pull over to the side of the road and stop the car (if, of course, the signs and markings allow stopping).
• Remember: fines are only imposed for using a phone while driving. If you are stuck in a traffic jam or at a red traffic light, the phone is completely legal. But once you start moving, you must remove it.
• If an inspector stops you and accuses you of using your phone while driving, demand evidence. Let him show you at least a video recording that shows your car and you driving with a phone in your hand.
• If you really didn’t talk on the phone, show the phone to the inspector. All more or less modern models of these devices record the time and number of the last incoming or outgoing call. Often this is where the matter stops.
• You can order a printout of calls yourself from your cellular company. Take her with you to the analysis of your case at the traffic police - and, most likely, you will be able to justify yourself.
• Finally, if you are nevertheless given a fine, but you do not agree with it, you have 10 days to appeal it to the court at your place of residence. In your application to the court, you must indicate why you consider the decision to be unfounded, how your position is confirmed, which of the witnesses can confirm your words, etc.

And finally, just try not to break the law. Believe me: the most important call is ultimately worth less than your life.

On the road, drivers prefer to talk on the phone while driving. At the same time, they do not use any authorized devices, but hold the device directly in their hands.

This leads to the fact that they cannot react effectively to various unusual situations on the road, which is why accidents occur.

Is it possible to reduce the dangers of talking while driving? What do we have to do? Watch the video:

Clause 2.7 of the traffic rules contains information that indicates restrictions on the ability to use a mobile phone while driving a car.

2. General duties of drivers

2.7 The driver is prohibited from:
use a telephone that is not equipped while driving technical device, allowing you to negotiate hands-free;

This applies to situations where phones do not have any feature that allows hands-free conversations.

Important! If you have a special headset, you can use the device even while driving, and this headset can be wired or wireless.

If the phone is not connected to such a headset, then, in accordance with clause 2.7, it is not allowed to use it while driving the car.

Not only is it not allowed to make calls, but also to type SMS messages, play games or perform other actions that lead to a decrease in the driver’s concentration on the road.

If you have a headset, you can talk, but traffic police officers still recommend talking if necessary, stopping the car and communicating so that there is no danger of an accident.

What are the dangers when talking while driving?

Establishing a punishment for such an offense is not the desire of the authorities to get as much money as possible from car owners, since when people are distracted from the road by their phone, this can happen.

Talking on the phone while driving often leads to tragic consequences.

Important! The driver's concentration should be focused exclusively on the road, and if a person is constantly distracted, this can become a problem.

There are many negative aspects to using your phone while driving:

• reaction slows down therefore, if any unforeseen situation arises on the road, the driver may not have time to react to it;
• concentration on the road decreases, so the driver may not notice a hole or stone on the road, and may also see a car or other obstacles with a delay;
• distracted man on a foreign object, which may cause an accident.

Due to the above reasons, the likelihood of getting into an accident increases, and this is relevant not only when talking on the phone, but also when writing messages or performing other actions with the device.

Important! Many people are sure that using a phone is considered as dangerous as driving a car while drunk, since there is no full concentration on the road.

How to use your phone correctly while driving a car

There is no direct indication in the traffic rules that it is impossible to use a mobile device while driving a car, since this action is permitted, but only if certain conditions are met.

IN videos of terrible accidents caused by talking on the phone while driving:

These include:

• various accessories are required to be used for talking on the phone without the need to hold the device in your hand, and these include a special headset or headphones;
• It is allowed to turn on the speakerphone, and the phone can be on the next seat or in another place in the car during a conversation;
• use the phone in a standard way, you can write messages or play games only when the car is in a traffic jam or when.

Important! If you urgently need to talk, and there is no opportunity to use any accessories, then it is advisable to stop the car and pay attention to communication.

What is the penalty for talking while driving?

This situation is regulated by clause 2.7 of the Traffic Regulations. This paragraph specifies what actions are prohibited for car drivers, and this includes telephone communication.

This includes not only conversations, but also other actions with the device that require holding the phone in your hands.

Important! This rule applies to drivers of absolutely any car, but the exception is equipping the phone with special devices that allow you to communicate without the need to hold the phone in your hands.

All about fines for using a phone while driving. Photo: bukvaprava.ru

For such a violation there is an appropriate punishment specified in Art. 12.36.1 of the Code of Administrative Offenses, therefore it is imposed on drivers in the amount of 1.5 thousand rubles.

Article 12.36.1. Violation rules using a telephone by the driver of a vehicle

Use by a driver while a vehicle is moving of a telephone that is not equipped with a technical device that allows hands-free negotiations –shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.

It is possible to reduce this fine by half if you pay the funds quickly after receiving them.

How does the inspector prove that the driver was talking while driving?

Many people do not take into account traffic rules and continue to talk while the car is moving, and this violation is very rarely used by traffic police inspectors to charge a fine. This is due to the difficulty of proving this fact.

In order to prove a violation, different methods can be used:

• obtaining testimony from witnesses;
• photo or video materials;
• information received from telecom operators.

The most reliable method is to obtain information from mobile operators.

Thus, it is not allowed to talk on the phone while driving, as this can not only become the basis for paying a significant fine, but can also really create emergency situation on road.

Today it is difficult to imagine a person without a smartphone in his hands. We use mobile devices communications not only for calling family and colleagues, but also for accessing the Internet, watching videos, searching for the necessary information... Moreover, the habit of constantly holding the phone in our hands is so strong that even when driving a car, we are unable to part with the gadget.

Why is it dangerous to talk on the phone while driving?

By themselves, even the most pleasant conversations on the phone distract a person - and it doesn’t matter at all whether he is crossing the road or driving a car at that moment. That is, the driver, holding the steering wheel with one hand and holding the phone with the other, cannot be sure that he will notice the danger on the road in time and react to it correctly.

In Russia, there are no statistics on road accidents due to distractions for drivers on the roads. But if you take statistical data, for example, from the USA, you can find out that in 2011, 3,331 people died in road accidents, and almost a tenth of them were injured precisely because they were talking on a mobile communication device at the time of the accident .

Among all the factors that can distract a driver from driving, mobile communication devices stand out. American scientists have come to the conclusion that using a mobile phone while driving increases the risk of an accident by 4 times, and writing a message - by 6 times.

Any conversation on mobile phone reduces driver alertness while driving

Are calls using a headset allowed?

Modern technologies allow drivers to communicate on the phone hands-free - that is, through various types of headset connections. In the Code Russian Federation on administrative offenses it is stated that talking while driving on a mobile phone equipped with a handsfree function is allowed. In all other cases, the driver faces a fine.

The driver can choose a convenient headset option to talk on the phone comfortably and safely while driving

The driver is prohibited from using a telephone while driving that is not equipped with a technical device that allows for hands-free negotiations (RF Traffic Regulations, clause 2.7).

Fines for talking on the phone while driving in 2018

To avoid receiving a fine, you must completely avoid using a mobile phone while driving or use a headset. But this is not always possible.

The Code of Administrative Offenses (Article 12.36.1) imposes a fine of 1,500 rubles for the confirmed fact of talking on a mobile device while driving.

Liability for this offense in Russia was introduced in 2007 (at that time the fine was 300 rubles).

It is important that the driver can pay the ticket with a 50% discount, since existing rules provide this opportunity if the fine is paid within 20 days from the date of its issuance. The period begins on the day after the day the decision is made and ends on the last day of the established period. If the last day of the period falls on a weekend, then it is transferred to the first working day after the weekend (Article 4.8 of the Code of Administrative Offenses of the Russian Federation).

How can traffic police officers prove the use of a phone while driving?

Motorists should know that it can be quite difficult to impose a fine on a driver under Article 12.36.1 of the Administrative Code: after all, the traffic police inspector must prove the fact of using the phone while driving! And only photographs of the offender while talking on the phone or a video recording that confirms that the driver used mobile device without a headset.

Thus, evidence of a violation under Article 12.36.1 of the Code of Administrative Offenses may include:

• administrative violation protocol;
• reports from traffic police officers;
• testimony of traffic police officers;
• driver's explanations;
• witness statements;
• recordings from cameras and video recorders.

However, if the driver had a passenger in the cabin, which indicates that the driver did not use a mobile phone while driving, then it will be even more difficult to prove this fact. Witness testimony must be taken into account when “analyzing” a controversial situation.

The traffic police inspector can issue a fine when the car is stopped.

The most the right way to prove your innocence is considered to be ordering call details from mobile operator. The driver can either order a printout of calls for a certain day in a communication salon using his passport, or do it through mobile app on your phone. Of course, if the time of the call coincides with the moment the car was stopped for an offense, then the fact of using the phone is considered fully proven.

Request to the operator cellular communications can be sent either by the traffic police or by the driver himself. A request to a cellular operator can be made within two months from the moment the vehicle is stopped.

Such a document fully confirms the number and time of calls from the specified subscriber

How can you challenge an issued order?

The driver must understand that the decree is issued by the traffic police inspector even in cases where the driver admits to an offense - in these cases it is easier to pay 50% of the fine (which is only 750 rubles) and not think about the problem. If the stopped violator does not agree with the opinion of the traffic police officer, then a resolution will also be drawn up (order of the Ministry of Internal Affairs of the Russian Federation dated August 23, 2017 No. 664). However, the driver will need to attach his own explanatory note to this document.

If the driver has not committed an offense, then the easiest way to prove this is to take a printout of call details from the operator and obtain eyewitness testimony

Immediately at the time the protocol is issued, the violator must write an explanatory note: for what reasons could the traffic police officer think that the driver was talking on the phone while driving. Also, in the explanatory note, you need to describe the actions taking place and indicate your version (for example, he actively gestured with his hands while moving or raised his hands to his head to straighten his hair).

The inspector is obliged to accept written explanations from the driver. Based on this, the issued fine can be challenged at the traffic police department at the driver’s place of registration and even in court. You have 10 working days to appeal. The driver must prepare a complaint in advance

However, in order to legally challenge the protocol, the following grounds are required:

• photo and video materials;
• testimony of passengers who were in the car at the time of the stop;
• printout of call details from the mobile operator.

If a fine is imposed, you can appeal this decision within 10 working days. The driver will need to contact either the head of the traffic police of the department that issued the fine, or the district court at the place of the violation, and attach to his application the necessary documents confirming the illegality of the imposed sanctions (written testimony of eyewitnesses, printouts of calls). Judicial authorities, as a rule, consider such applications within 10 working days from the date of filing.

Using a phone while driving actually reduces a driver's attention span by 60%. And this already threatens to increase the risk of accidents and injuries. Therefore, when driving and need to make an important call, you can use the speakerphone button - all models of mobile phones are equipped with this option.

And in 2018 its size is 1.5 thousand rubles. A receipt is sent to the violator by mail.

In practice, such fines are rarely issued. It is quite difficult to prove that a violation occurred. The traffic police officer is obliged to provide video or photographic materials confirming the driver’s guilt. And also support them with testimony.

To draw up a protocol and impose a fine, you must have corpus delicti. If no filming was taken, and the driver claims that he did not talk on the phone while driving and these words are confirmed by the passengers in the car, then bringing the offender to justice under Article 12.36.1 of the Code of Administrative Offenses is not always possible.

How is a violation recorded and the driver’s guilt proven?

With a high degree of probability, the traffic police inspector will be able to prove the driver’s guilt if he provides:

• details of calls from a cellular operator;
• witness statements;
• photo materials or video recording the fact of the violation.

When drawing up a protocol, the employee records exact time incidents. Next, a request is made to the company that services cell number violator, demanding to provide call details. If time telephone conversation and stopping the vehicle is approximately the same, then the driver will be imposed fine. This is one of the most powerful pieces of evidence that a traffic police inspector can resort to if the offender categorically denies his guilt.

Guard service officers can use the testimony of witnesses. They are often represented by other drivers who were stopped shortly before. They can confirm the inspector's words.

Photo and video recording is often carried out both from patrol cars and directly by traffic police officers. Such records are direct evidence of guilt and the basis for bringing the offender to administrative responsibility.

If the driver is confident in his innocence and believes that the inspector is unreasonably picking on him, then in response he can provide a recording of his DVR. Such devices, along with video, also record sound, so all conversations inside the car are recorded with a time stamp.

Attention! Reading or sending text messages while driving is even more dangerous than talking. And it increases the likelihood of an accident by 6 times, as it distracts the driver’s attention from the road for almost 5 seconds.

The State Traffic Inspectorate reminds that talking on a mobile phone without using a special headset, sending SMS, reading from the phone screen while driving strictly prohibited. If the violation is established and proven, the driver faces a fine of 1.5 rubles.
This fine can be paid.

What should a driver do if he urgently needs to answer a call?

Regardless of the importance of the call, liability for violating clause 2.7 of the traffic rules lies with the driver cannot be removed. If you need to talk urgently cell phone, you must do one of the following:

• Stop the vehicle at the nearest authorized place and, without breaking the law, calmly use your mobile phone.
• While driving, turn on speakerphone on your phone.

Most mobile phones have this feature. This will allow you to talk without using your hands.

• When answering a call, use a Bluetooth headset.

Even though the call may be urgent, following road safety rules when driving is much more important. If there is nowhere to stay, there is no headset and the phone does not support the speakerphone function, then the call should be ignored. And later contact the desired subscriber at the first opportunity.

The dangers of talking on the phone while driving

During a conversation on a cell phone, the driver has 1.5 seconds slows down reaction. If a car moves at a speed of 60 km/h, then in this short period of time it will have time to travel more than 20 meters. In an extreme situation, such a delay can lead to unpredictable consequences.

Important! Holding a phone in one hand and driving a car with the other, a person is unable to react in a timely manner to a car suddenly braking ahead or a traffic light changing signal.

The driver begins to look in the rearview mirrors less often, his attention is scattered.

The results of the research eloquently indicate the following:

• Talking on a mobile phone leads to a 50% decrease in drivers' attentiveness.
• Every twentieth accident is associated with talking on a cell phone while driving.

People who are responsible for a traffic accident often admit that they were distracted by a call or were talking on the phone while driving.

• In 9 out of 10 drivers, the function of external attention decreases and control over the situation on the road is weakened while simultaneously talking on a cell phone and driving a car.
• When talking on the phone, peripheral information is ignored, the driver concentrates only on the lane.
• Men and women are equally susceptible to losing attention on the road when talking while driving.
• A telephone conversation increases the driver's heart rate by about 5 beats per minute.

Reference! Talking on the phone while driving is illegal in the USA, Canada and most European countries.

How to avoid punishment for violating the ban on using a phone while driving

When imposing a fine for using a mobile phone while driving, they are guided by the following regulatory documents:

• Code of Administrative Offenses (CAO);
• Traffic Laws.

The best way to avoid punishment is not to break the law. Lawyers give advice on how to don't get it fine:

• Buy a phone with a speakerphone function and Hands Free headset.
• You can only get a fine if you use a mobile phone while driving. When stopping at a red traffic light, in a traffic jam, on the side of the road or in a parking lot, calling, reading and sending SMS is not prohibited.
• If you need to answer an urgent call and don't have a headset, you should find the nearest authorized place and park. Then make the necessary call.
• If you are stopped by a traffic police inspector with a claim that a mobile phone was used while driving, you must demand evidence offenses. Let him show a photo or video where this is clearly visible.
• If the driver did not actually talk on the phone, you should show your cell phone to the inspector. Modern models record the time of all incoming and outgoing calls.

To appeal the unlawful actions of a traffic police officer and the imposed fine, you must write an application to the court at your place of residence within ten days.
When getting behind the wheel of a car, every driver must be aware of responsibility not only for his own life, but also for the safety of other road users. Caution and following the rules should always come first.

Useful video

Here they talk about the consequences of talking on the phone while driving:

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