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SEVERAL SOCIAL MEDIA POSTS SHOW PEOPLE CLAIMING TO HAVE BEEN FINED FOR USING SMARTPHONE WHILE ‘DRIVING’ WHEN PAYING Smartphones are now a standard method to pay for services in France, with

bank cards stored on virtual wallets and systems such as Apple Pay widespread.  However, questions have been raised over whether smartphones can be used to pay at french toll booths - or

drive-thru restaurant outlets - without breaking the ‘no phone use’ rule for drivers.  Several recent social media posts show people claiming to have been fined and have points taken from

their French driving licence for this. We cannot verify these claims but we look below at what the law says. IS IT POSSIBLE?  The Code de la route (French road safety laws) explicitly bans

the use of smartphones on the road in article R412-6-1. The use of a hand-held telephone by the driver of a vehicle in traffic is prohibited, it states. Using a phone can lead to a €135 fine

and loss of three points from a driver’s licence.  “From a purely legal point of view, it is completely forbidden [in all scenarios],” said legal expert Laureen Spira to French media outlet

20Minutes. It is up for debate, however, if being at a toll booth counts as driving ‘in traffic’. There is no legal exception for toll booths in the Code, and technological systems allowing

users to pay via their phone are widespread and encouraged by motorway route operators.  However, “It would be difficult to argue that you're in a motorway lane and not ‘in traffic’,”

simultaneously, added Ms Spira. This is in comparison to using your smartphone to pay at a drive-thru restaurant, where you are deemed to be “in a parking space… a secure area” the lawyer

said, and not ‘in traffic’ and at risk to other drivers.  If you want to be on the super safe side, you can always use alternative methods to pay tolls such as a bank card, cash, or a

télépéage toll-badge (signs will inform you which methods can be used in which lane).  Télépéage badges are increasingly popular, especially as they can be used to pay for journeys on

France’s toll-free (flux libre) motorways.  Read more: Can télépéage motorway toll badges be used in French hire cars? Read more: Can French Télépéage badges be used across multiple

vehicles? WHAT TO DO IF YOU ARE FINED?  Although the chances of receiving a fine over this are extremely low – if still possible, according to social media users – it is possible to contest

a fine in France.  Fines for using your phone whilst driving are among the list of those possible to contest. You can explain the situation, using proof that the motorway operator accepts

and encourages smartphone usage and that you were using your phone to pay the toll. However, it is not a guarantee that the fine will be overturned and it could lead to more severe

penalties.  You can read about how to contest a fine in our article below. Read more: Is it necessary to pay a French driving fine before contesting it?