Is it really forbidden to pay with your phone at tolls?
A practice authorized in certain countries. © Shuttershock
Wednesday evening, Emmanuel Macron spoke on TikTok to respond to a rather unexpected controversy: the fine imposed on motorists for using their phone to pay a contactless toll, with Apple Pay. The President of the Republic is committed to resolving this issue by contacting the Minister of the Interior.
An affair revealed on TikTok
Two influencers (s4iintt on TikTok) recently testified on social networks about their misadventure with the police. Arrested for paying a toll using Apple Pay, they received a (reduced) fine of €90 and a deduction of three points from their license. This story sparked strong reactions online, forcing the head of state to react: “In 2025, we must be able to pay at tolls with our phone. Thanks for the alert! We will resolve this collectively.”
Paying the toll with your phone: a practice that is indeed prohibited, but is about to be revised
The problem is based on a provision of the highway code (article R412-6-1) which prohibits the use of a telephone held in the hand by a driver “in traffic”. The authorities consider that a vehicle at the toll is not stationary, but still moving on a motorway lane. This interpretation has already raised legal contradictions in similar situations.
However, the legislation distinguishes certain specific situations:
- Paid parking lots with barrier at entry: in these private spaces, the highway code does not strictly apply. So, paying with your phone is tolerated. The judges notably clarified that a driver driving without a seat belt in a parking lot was not punishable under the highway code.
- Drive-throughs of supermarkets or fast-food restaurants, service stations, road tolls (bridges, tunnels, maritime connections): in these places where traffic is free, the highway code fully applies. The use of the telephone in hand is therefore prohibited for drivers.
Until the legislation changes, it is best to avoid using your phone to pay tolls or other similar charges. It's a bit of a hassle, but it will prevent unexpected fines.
