Zakaz korzystania z telefonu podczas jazdy. Analiza art. 45 ust. 2 pkt 1 ustawy Prawo o ruchu drogowym

The ban on using a phone while driving. Analysis of Art. 45 para. 2 section 1 of the Act on Road Traffic The subject of the article is the ban on using a phone while driving, established by Art. 45 para. 2 section 1 of the Act on Road Traffic. The author expresses interpretative doubts concerning the text of the regulation including the meaning of the terms “using a phone”, the modal circumstance of “while driving”, as well as the term “requiring holding the earphone or microphone in the hand”. In the author’s opinion, the provision in question in its current wording, dating from 2002, is largely outdated and not adapter to modern reality. Moreover, it is worded incorrectly, to the extent that its literal interpretation deprives it of any normative significance.