Driving with your arm resting out the window is often an almost instinctive gesture, especially in summer when the heat pushes us to roll down the windows and look for some air. Yet, what might seem like harmless behavior is actually sanctionable according to the Highway Code, with fines that can range from 42 to 344 euros and possible consequences on insurance compensation in the event of an accident.
The Highway Code, in reality, does not expressly prohibit this gesture: articles 141 and article 169, however, establish that drivers must be able to carry out timely maneuvers at any time, maintaining control of their vehicle. Driving with one arm out the window, without keeping both hands on the steering wheel, therefore represents a risk to road safety.
What do articles 141 and 169 of the Highway Code provide
Let’s start from an important detail: the Highway Code does not explicitly refer to the specific case of the arm hanging out the window. That is, there is no article that names that very gesture. Instead, some general rules make the behavior sanctionable.
The first is article 141 of the Highway Code which, in paragraph 2, establishes that:
The driver must always maintain control of his vehicle and be able to carry out all necessary maneuvers in safe conditions, especially the timely stopping of the vehicle within the limits of its field of vision and in front of any foreseeable obstacle.
In other words, every driver must be able to react immediately to an unexpected event, and with one arm out of the cockpit the necessary readiness is lost, considering that you don’t have both hands on the steering wheel.
To all this we also add article 169 of the Highway Code, which goes into even more detail. The first paragraph establishes that the driver must have the “widest freedom of movement to carry out the maneuvers necessary for driving”, while paragraph 4 requires that on motor vehicles (excluding motorcycles and two-wheeled mopeds) the driver and all passengers “must not cause protrusions from the transversal shape of the vehicle”.
In short, the Highway Code prohibits increasing the width of the car in any way, even by just a few centimeters with an arm.
Fines ranging from 42 to 344 euros and lack of compensation in the event of an accident
From the point of view of possible sanctions, those who drive with their arm out the window could receive one fine from 42 to 173 euros as a consequence of the violation of article 141, to which is also added the deduction of 1 point from the driving license. To this could also be added the so-called “overpayment fine” for the violation of article 169, with sanctions from 87 to 344 euros.
Among other things, in the event of an accident, insurance companies could contest the negligence of the driver who drove with a protruding limb, leading to reducing or even refusing the expected compensation. It is anything but a theoretical risk, especially if you consider that, according to data provided by ISTAT, distracted driving is one of the main causes of road accidents.
