Eating, GPS, passenger position: Driving rules to know in France

Avoid landing a fine when using the nation’s roads and motorways this summer

Littering on the motorway is just one of the common driving offences punishable by a €135 fine in France
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As the holiday season continues and people drive to holiday destinations across France, it makes sense to have a reminder about the rules of the road, particularly on the motorway.

Road safety expert Captain Joseph Freignaud of the Morbihan EDSR (escadron départemental de sécurité routière, departmental road safety squadron), shared his tips and advice with FranceInfo, ahead of the July-August ‘crossover’ next week.

Are you allowed to use your smartphone while driving?

It is forbidden to touch or use your smartphone while driving. 

This is true even if you think there is a ‘legitimate’ reason, a reason related to your journey, or you believe it to be safe (for example, trying to change your GPS route during standstill traffic, or responding to a GPS app question or alert).

“Any GPS [or any digital] device may only be operated by the driver when the vehicle is stationary,” said Captain Freignaud.

Anyone who breaks this rule risks a €135 fine and having three points deducted from their licence. Repeated offenders, or those who break the rule while committing another driving offence, even risk prison.

The captain’s advice comes after a study by the Assurance Prévention association, in collaboration with the risk expertise centre Calyxis, found that 76% of drivers use ‘distractors’ at the wheel, such as hands-free telephones or in-vehicle touch screens.

Dialling a number on a smartphone distracts people for up to 35 seconds, it found, while it caused people to swerve off-course up to 13 tim es’ more than they otherwise would have. 

When distracted, reaction time in the event of an emergency increases by 60% (up to 2 seconds, up from 1.25 seconds if the driver had not been distracted). When travelling at high speed, this can make a highly significant difference, the study found.

If you wish to change music, alter your GPS, respond to a message, make a call, or otherwise use your phone or GP device, you must either ask a passenger to do it, or stop completely in a safe area before touching the phone or device.

Are you allowed to smoke or eat at the wheel?

Eating, drinking or even smoking at the wheel can quickly prove dangerous, said Captain Freignaud, as it can cause you to lose control of the vehicle.

“Any dangerous behaviour that could lead to loss of control of the vehicle may be penalised,” he said. 

Again, losing control due to dangerous behaviour can be punished by a fine of €35-135, depending on the offence.

Can you stick your hand out of the window while driving? 

You are allowed to have your windows open while driving on the motorway (or any road, unless explicitly forbidden, and there are no rules strictly governing whether you can put your hand outside of the car. 

However Captain Freignaud has said that this can be dangerous for both driver and passengers. 

The driver is supposed to have both hands on the wheel at any time - again, to avoid any loss of control - and passengers risk injury, he said.

Can I throw rubbish from my car? 

No. The fine for doing so is €135, depending on the offence and the extent of the litter.

Yet, a surprising proportion of people in France admit to throwing rubbish from their car.

One study, by the Vinci Autoroutes Foundation with Ipsos, found that more than a quarter of respondents (27%) admit to throwing rubbish out of their window when on the motorway. 

Almost a quarter (23%) admitted to never taking a rubbish bag in their car, and a similar percentage (24%) said they only take one on long journeys. 

Of those who admitted to throwing rubbish out of their car, 23% said it was organic waste (for example an apple core), 11% said it was paper, tissues or packaging; and 9% a plastic bottle or can. 12% admitted to throwing a cigarette butt - despite this being a major risk of causing devastating forest fires in many areas of the country. 

An astonishing 40% of young people under the age of 25 said that they have previously thrown rubbish out of their car window.

Can passengers put their feet up on the dashboard while travelling in a car?

This is not illegal, but it is extremely dangerous, said Captain Freignaud.

“In the event of an airbag being triggered, which can happen following any impact, however slight, the passenger's legs would then be thrown against their torso or face by the airbag, which can cause very serious injury and disability,” he said.

The passenger airbag deploy is an average of 55 milliseconds; the time it takes for an eye to blink.

Is it legal to drive bare-chested, barefoot, or in flip-flops?

There is no rule that states that drivers cannot do so, but it is not recommended, said Mr Freignaud.

This is especially true for motorbike or scooter riders, who are already less protected in the event of a collision.

“There is no precise ban on the subject,” he said. However, he stated that as usual, if a driver’s attire affects their ability to maintain control of the vehicle, or manoeuvre the vehicle easily, police may issue a fine.

Can you sleep overnight on the motorway? 

Motorway authorities regularly remind drivers to “take a break” every two hours, and especially at the first signs of fatigue, to avoid crashes. 

The signs of fatigue when driving include:

  • Staring

  • Repeated yawning

  • Heavy eyelids

  • Tingling and blinking eyes 

  • A stiff neck and feeling uncomfortable in your sitting position

You are thus advised to stop if you feel that you need a nap, or even a good night’s sleep. If you are in a car or a camper van, you are allowed to sleep overnight in a motorway rest area, as long as you take safety precautions and follow instructions and signs in the area itself.

‘Rest areas’ do not typically include roadside bays, but only relate to proper service aires or stations.

However, you are not allowed to set up chairs or a tent, or anything else that could be seen as “unauthorised camping”.

Can you stop anywhere for a ‘bathroom break’?

No. The law forbids urinating on the public highway - even behind a tree or bush. 

As stated in Article R632-1 of the Code Pénal (Criminal Code): “The act of depositing, abandoning, throwing or dumping, in a public or private place…rubbish, waste, excrement, materials, unhealthy liquids or any other object of any kind whatsoever, including urinating on the public highway, is punishable by a fine…”

The code states that this is only allowed “with the exception of places designated for this purpose by the competent administrative authority” (for example, dedicated, signposted toilet disposal areas for campervans).

Fines for breaking these rules range from €35 to a simple offence, to €135 and the loss of three driving licence points for urinating on the side of a public highway or on the hard shoulder.