A fine for holding a phone in the car: is it correct?
In the Netherlands a driver may not hold a mobile electronic device while driving. Making a call is not the only issue. Check whether the car was moving, which device was observed and the offence code.
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Detailed explanation, checklist and sources
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1. Check the prohibition
Article 61a RVV prohibits drivers from holding a mobile electronic communication or information-processing device while driving, including phones, tablets and media players. An actual call is not required. This concerns Dutch rules, focusing on a passenger car.
2. Distinguish moving and stationary
Government guidance permits holding and using a device while stationary. In a dispute, record whether the vehicle actually moved at the observed moment; slow rolling is not stationary. Put the device away before moving again. A running engine alone does not establish that the car was moving.
3. Check holder and hands-free use
Official guidance allows hands-free use and use in a phone holder. Clamping it between ear and shoulder is prohibited. A holder does not guarantee that every use is safe: attention to traffic remains essential. Describe the actual position and your actions; do not invent an alternative account.
4. Compare amount and evidence
The 2026 official schedule lists €440 for R545 in a passenger car, excluding administration fees. Other vehicle categories differ. Compare date, registration, location, vehicle and code. Read available photographs or statements. The OM asks for a device description such as shape, brand or type. No call in your log does not prove you held nothing.
5. Choose the correct procedure
A CJIB letter marked M uses administrative appeal to the public prosecutor through the official traffic portal or by letter. Follow the deadline on the notice. Identify concrete errors and attach evidence; waiting for documents does not protect the deadline for you. A penal order follows another route. Use our existing appeal guidance and deadline tool.
6. Keep confirmation and follow-up
Keep your submission, documents and receipt private. The M fine need not yet be paid during the first administrative appeal. A rejection brings new instructions; court appeal normally requires a security payment. Unclear evidence does not automatically cancel the fine. Seek timely help with missing documents or complex facts.
Does not making a call cancel the fine?
No. The prohibition concerns holding the device while driving, not only calling. The actual observation and circumstances must be assessed.
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RVV · Artikel61a ↗Rijksoverheid · Telefoon tijdens rijden ↗OM · Feitenboekje2026 R545 ↗OM · Administratief beroep ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.