According to the subdistrict court in Rotterdam, the regulations are 'diffuse' and 'not very transparent and predictable'. That is exactly what the principle of legality aims to prevent: it must be clear to the driver what is and is not allowed. According to De Telegraaf, it is the first time that a judge does not agree with the reasoning that 'retaining' should be interpreted broadly. In March, a car driver who had been photographed on the A10 with his phone on his leg was still blunt at the Amsterdam court. His phone case was also closed.

The fact that a driver sometimes looks at something on his leg and has to ensure that everything stays in place, also applies to 'objects ranging from an apple or lunch box to a bowl of yogurt or a road map'. And that is legal, concludes the Rotterdam judge. According to the article in De Telegraaf, professional fine fighter Mark Bergers of Boete.nu is happy with the case he won. The Public Prosecution Service maintains that 'on your lap' is wrong. A decision on appeal in another case may soon provide more clarity, says a spokeswoman. 

apping remains dangerous

Drivers who text while driving with their phone in the holder are just as much of a danger in traffic as when they hold their mobile in their hand. This is shown by new research among road users, conducted in a driving simulator. In 2018, more than 80.000 fines were imposed for handheld calling; in 2017 this number was 74.56. Motorists who call or text behind the wheel and who drive past a smart camera against texting in traffic can expect a fine on the license plate. The police are smart cameras against texting or making hands-free calls in traffic. The photo is automatically sent to the Central Judicial Collection Agency, where an employee first has a look. 

Read also: Fine of EUR 102 million for abuse of a dominant position

seat belt on, cell phone out of sight
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