Belgian drivers could face fines for holding – rather than calling on – their smartphone while driving, a new ruling from the Court of Cassation has shown.
This information has come to light after Brussels lawyer Cavit Yurt went to the Court after his client was convicted because she was holding her phone in the car, De Standaard reports.
“The agent’s report only stated that he had established that my client was holding her mobile phone,” says Yurt. “It didn’t say that she made a phone call.”
According to the Court, however, the public prosecutor does not have to prove the driver was actually using the device as a phone to impose a fine.
The law states that it is forbidden to use a hand-held portable phone in the car. According to the Court of Cassation, the word ‘use’ can, therefore, be interpreted broadly. “In its normal sense, this means that use is not limited to a well-defined action such as calling or texting.”
The Brussels Times