Use the smartphones or other technological devices while the car is stopped at red light it is a violation of the Highway Code. This was definitively clarified by the Court of Cassationwith ordinance number 23331 of 23 October 2020, which put in black and white a principle as simple as it is counterintuitive: stopping at a red light is not considered a real stop, given that the vehicle is only stopped temporarily.
The gesture seems harmless: the car is stopped, the red light is still on. According to Italian law, however, use your smartphone while stopped at a red light is equivalent to one violation of article 173 of the Highway Codewith sanctions that can reach up to 1,000 euros and 2 months of driving license suspension.
Use devices technological therefore it remains prohibited even during the arrest phasewhich is considered a phase of closely connected road traffic when the vehicle is running.
What the Security Council says about the cell phone at the red light and the Supreme Court order
The reference law is article 173 of the Highway Code, which regulates the use of radiotelephones, smartphones, computers or other devices while driving.
In particular, paragraph 2 establishes the prohibition for the driver of make use while driving of radiotelephones, smartphones, laptops, notebooks, tablets and devices analogues that are effective even if only temporarily removing your hands from the steering wheel.
Only hands-free or earphone-equipped devices are permitted, provided that the driver has adequate hearing in both ears and that their operation does not require the use of the hands.
At this point, however, a problem of interpretation arose regarding the expression “while driving” and whether or not it included stops at red lights. To resolve the issue, the Court of Cassation (II Civil Section) intervened, reiterating that the ban was created to avoid behavior that could distract the driver (with potential dangers for traffic), preventing him from having full control of the vehicle.
More specifically, with ordinance no. 23331 of 23 October 2020, the Supreme Court established a clear principle, establishing that:
There vehicle stopping maneuver entails an interruption of the march due to circulation needs. Stopping is a static phase of road traffic closely connected with driving and therefore requires a high level of attention by the driver in order to prevent dangers. Cell phone usepursuant to art. 173 paragraph 2, causes driver distraction and can cause road accidents, as it does not allow complete control of the vehicle. Therefore the prohibition of use of the cell phone while driving it also persists while the vehicle is stopped.
In other words, the ban on using smartphones or technological devices remains valid even when the vehicle is temporarily stoppedfor example at a crossroads or in front of a red light, because stopping is a maneuver closely linked to driving.
According to the Court of Cassation, in fact, it would be unreasonable to think that a driver stopped at an intersection, waiting to leave and with the obligation to clear the area as soon as possible, could calmly start using the telephone in a moment of maximum attention, just because the vehicle stopped for a few seconds.
Again according to article 173 of the Highway Code, anyone who violates this ban risks one administrative fine from 250 to 1,000 eurosto which is added the license suspension from fifteen days to two months. And if the same person repeats the violation over a two-year period, the sanctions increase: the fine ranges from 350 to 1,400 euros and the suspension of the driving licence from one to three months.
How much do driving distractions really matter?
Such a strict rule only makes sense if the risk it aims to counteract is real: and driving distractions caused by smartphones are real. The World Health Organization confirms it: anyone who uses a cell phone while driving has a approximately four times more likely to be involved in a accident compared to those who don’t use it.
In fact, the telephone slows down reaction timesespecially that of braking and the one in front of traffic lights, and makes it more difficult to maintain traffic correct position in the lane and the right one distance from the vehicle which precedes. What’s more: hands-free systems are not much safer than hand-held ones, and writing messages considerably increases the risk of an accident. A fact that greatly reduces the feeling of security of those who think of “just checking” the screen for a moment.
To measure the phenomenon on a global scale, WHO estimates that every year in the world approximately 1.19 million people lose their lives due to road accidents and that traffic injuries are the leading cause of death for children and young adults between the ages of 5 and 29.
And in Italy? According to preliminary estimates by ISTAT, in first half of 2025 (latest data available) have registered 82,344 road accidents with injuries to people, with well 111.090 injured And 1,310 victims by the thirtieth day. The data shows a very slight improvement compared to the same period in 2024, with accidents falling by 1.3%, injuries by 1.2% and victims by 6.8%, but an increase in accidents on motorways (+4.4%).
Again, ISTAT, in the report published on 24 July 2025, highlighted how, among the most frequent incorrect driving behaviours, distraction (often linked to the use of smartphones), failure to respect the right of way and excessive speed are confirmed, which together constitute around 40% of the causes of accidents, a stable value over time.
