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Date Published: 19/03/2025
Spanish traffic police contradict themselves with mobile phone rule, but you could still be fined
Just holding your phone while driving can result in a €200 fine and the loss of six points from your license

Spanish traffic police have left drivers scratching their heads with a contradictory rule about using mobile phones while driving. On one hand, the Directorate General of Traffic (DGT) is clear: using a mobile phone while driving is a serious offense that can result in a €200 fine and the loss of six points from your license.
But, on the other hand, many toll booths now allow drivers to pay using their mobile phones, leaving many motorists wondering if it's okay to use their phone to pay a toll while driving.
The latest amendment to the Traffic Law specifies that the "use of a mobile phone or any other communication device while driving is prohibited," and this applies even when you’re stopped at a red light or double-parked.
However, these days, most of us are used to tapping our phones to pay for all sorts of things, and many toll booths across Spain now accept this payment method. But as one French driver recently discovered, using your phone to pay a toll can still result in a fine, even if it's not exactly the most dangerous thing to do while driving.
The incident, which was shared on TikTok and viewed by more than 5 million people, has sparked controversy and highlighted the contradictions in the law, not just in France but here in Spain too.
This unfortunate motorist says that after paying a toll with his phone using Apple Pay, he was stopped by a police officer and fined €90 for holding his mobile while driving.
While it's unlikely that Spanish police officers will fine you for paying a toll with your phone, the law says that they technically can.
So, what's a driver to do? For now, it's probably safer to stick with paying by card just to avoid any potential fines or confusion.
Find all the latest motoring and travel news here or join our Driving in Spain Facebook group for regular updates
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