Watch out for your phone! The Guardia Civil will be able to trace your calls in the event of an accident

When we are behind the wheel of our car we perform many actions that can lead to us not paying attention to the road, whether by looking at the instrument cluster itself, adjusting the climate control or searching for a radio station. But without a doubt the worst offender is using a mobile phone, something that is completely prohibited and that many people continue to do without considering the risks it poses both to their own safety and to that of others.

It seems that a 200 euro fine and the loss of three points on the driving licence is not enough of an incentive to stop people using their mobile phones while driving. Furthermore, without counting your own safety and that of others, in 2018 the State Prosecutor’s Office already called for officers to be able to investigate the calls of those involved in a traffic accident in an attempt to curb the problem. Finally, this request has become an order that will speed up the process, making the work of the authorities easier and faster.

The measure, which is already in force, will allow judges to authorise officers to examine the phone calls of drivers involved in an accident who are identified as suspected of using a mobile phone. To do so, the judge may provide officers with a report of the calls, together with their time and duration, in order to establish whether that driver had any call logged at the time of the accident or whether it was interrupted at that very moment, which could be considered clear evidence of distraction.

Up to this point the measure may seem logical and reasonable, but this order raises certain doubts that could greatly harm the driver. In the hypothetical case that a driver has an accident while making a call using a hands-free device, which is entirely legal and which we already find as standard equipment in practically any vehicle, could this have negative consequences for the driver? In any case, we must bear in mind that hands-free use is not the solution for avoiding accidents either, as shown by a study carried out in 2017, which explains that the cognitive process the human brain performs while driving is drastically altered when we engage in a conversation.

In this regard, the DGT has already shown on several occasions, through its director Pere Navarro, that they are opposed to hands-free devices, since they still reduce concentration when staying alert on the road. In any case, using a mobile phone at the wheel will attract a greater penalty if the DGT’s plans to raise the penalty to four or six points deducted come into force, which in the latter case would mean that it is a very serious offence with a crime against road safety, similar to, for example, driving under the influence of drugs, with a blood alcohol level above 0.50 mg/l, or reckless driving, among others.