Pedestrians who use their smartphone while crossing or walking on the road could receive a fine of up to 75 euros: this is what is provided for in the basic text of the new Highway Code which, however, has yet to be approved. At the moment, therefore, this novelty remains only a hypothesis: by September 13th the sector associations (such as the ACI) will have to express an opinion on the text of the new Highway Code.
In case of approval, pedestrians will still be allowed to use handsfree or headsets, provided that the latter allow “the pedestrian to maintain adequate hearing capabilities in both ears”, as reported by the specialized magazine Quattroruote.
Among other things, the Court of Cassation, with order no. 20140 of 2023, has already established that in the case of a collision with a pedestrian, the driver’s liability is excluded if it is demonstrated that the driver was unable to prevent the accident in any way due to “sudden, unforeseeable and inevitable conduct” of the pedestrian.
For the first time, therefore, the concept of distraction could be applied in the Highway Code also for pedestrians and not just for those driving a vehicle.
It must be said, however, that the current Highway Code has already tightened the penalties for those who use a cell phone while driving: at the moment, anyone caught while using a cell phone (even if stopped at a red light) risks a fine ranging from €250 to €1,000 and the suspension of their driving license from fifteen days to two months.
What the draft of the new Highway Code says and when it could be approved
The new Highway Code could therefore prohibit pedestrians from using “radio telephones, smartphones, laptops, notebooks, tablets and similar devices” while crossing (both on pedestrian crossings and outside of them) and traveling on the road. For those crossing or walking, the use of a speakerphone or headset would still be permitted, provided that it allows “the pedestrian to maintain adequate hearing capabilities in both ears” and therefore to be aware of what is happening around him. Anyone who does not comply with this provision will be fined 75 euros.
The ban, however, only concerns crossing and walking on the roadway and does not apply to sidewalks: while crossing or walking on the road, the use of cell phones or similar devices is permitted only in cases of extreme necessity and urgency.
The real heart of the rule, in reality, does not only concern the smartphone, but more generally the concept of distraction. The new Highway Code, in fact, could introduce some obligations that do not exist today for pedestrians, such as checking for any oncoming vehicles before starting to cross or avoiding making sudden or unpredictable movements such as changes of trajectory, except in situations of necessity. Even in these cases, in fact, the fine paid by the pedestrian would amount to 75 euros.
As anticipated, at the moment the proposal remains part of a basic text, i.e. a still provisional version which will have to be examined by the trade associations before it can be approved and become definitive. It is therefore possible that these provisions will be removed from the final text, which could introduce other innovations such as mandatory PEC for motorists.
Penalties for smartphone driving: what the art provides. 173 of the Security Council
If for pedestrians we are still in the conditional, for those who drive the ban on using smartphones has already been in force for some time, with the sanctions having been further tightened with the 2024 reform. The basis of everything is article 173 of the Highway Code, which in paragraph 2 prohibits the driver from using radio-telephone devices, smartphones, laptops, notebooks, tablets and similar devices while driving which involve even temporarily removing the hands from the steering wheel.
As for pedestrians, the use of devices equipped with hands-free or earphones is permitted, as long as the driver maintains adequate hearing capabilities in both ears and does not have to use his hands to operate them.
For anyone caught driving with a mobile phone, the penalties now range from 250 euros to 1,000, with an additional administrative sanction which includes the suspension of the license from fifteen days to two months. The risks increase significantly in the event of a repeat offense: if the same person commits the same violation over the course of two years, a fine of between €350 and €1,400 and a driving license suspension of one to three months are applied.
It is important to remember that the use of a smartphone is also prohibited at red lights: stopping, even if temporary, is still part of the journey and taking your hands away from the steering wheel still represents a risk for road safety.
