Cell Phones, Portable Devices, and Display Screens While Driving

Clarifications from the Regulation on Driving Distractions

Five years ago, the legislator introduced a new legal framework to combat driving distractions. This led to the replacement of Article 439.1 of the Highway Safety Code (hereafter “HSC”) with Article 443.1.

Reminder of Article 443.1 of the HSC

Article 443.1 of the HSC prohibits the use of any “portable device designed to transmit or receive information or that can be used for entertainment purposes,” in addition to cell phones and display screens.

However, their use is permitted in two specific cases outlined in Article 443.1:

• First exception: the use of a hands-free device.
• Second exception: use is allowed if the following four conditions are met:

1. The displayed information is relevant to driving or related to the operation of standard vehicle equipment;
2. The device is integrated into the vehicle or mounted on a support (removable or not) fixed to the vehicle;
3. It does not obstruct the view, hinder maneuvers, interfere with equipment operation, reduce equipment effectiveness, or pose a risk of injury in case of an accident;
4. It is positioned and designed so the driver can operate and consult it easily.

Regulatory Clarifications

Effective June 1, 2023, the Regulation on Driving Distractions (hereafter “Regulation”) provides important clarifications on terms used in Article 443.1 of the HSC.

Regarding the first exception, the Regulation defines a “hands-free device” as:

• 1° A device that allows operation of a cell phone or other portable device via voice command or a simple manual control that the driver can use without being distracted from driving;
• 2° The speakerphone function of a cell phone, provided it requires no handling of the phone or use of a display screen.

For the second exception, the Regulation clarifies that “relevant information” includes "Information about the vehicle’s condition, usage, or immediate environment; real-time road or weather conditions; information useful for guiding the driver on the road network."

“Standard vehicle equipment” includes, for example, the heating and air conditioning system and the audio system.

For the fourth condition, a screen is considered properly positioned and designed if "it displays information within the driver’s line of sight in a normal driving position an it shows short and simple messages."

Additional Regulatory Exceptions

The Regulation also outlines other situations where the use of devices mentioned in Article 443.1 of the HSC is permitted, provided conditions two to four of the second exception are met:

• 1° Information used by a peace officer or emergency vehicle driver in the course of their duties;
• 2° Information used for managing messages in a business context, collecting passenger fees, controlling passenger access, or ensuring passenger safety;
• 3° Information useful to the activities of a public service or telecommunications company.

Finally, a driver may use a cell phone or portable device if:

• 1° It is used by a peace officer or emergency vehicle driver in the course of their duties;
• 2° It is used to call emergency services (911);
• 3° It is a wireless voice communication device (e.g., two-way radio) that does not allow simultaneous speaking;
• 4° It is used for contactless payment or to present proof of payment, pickup confirmation, access rights, or similar evidence, while the vehicle is stopped but not parked.

More than ever, heavy vehicle drivers are exposed to various sources of distraction. Whether it's a GPS or an electronic logging device, any use, even permitted, must be done with extreme caution to ensure road safety.
 

This publication was featured in Transport Magazine.