Using a phone while driving in Italy: what is banned and the fine

The calculator shows the amount, points and suspension for a phone in hand at the wheel, for a first offence or a second within two years, including for drivers licensed under three years.

The fine for using a phone while driving in Italy is set by article 173, paragraph 3-bis, of the Highway Code, as amended by law 177 of 2024: €250 to €1,000, 5 points and a licence suspension of 15 days to 2 months from the very first offence. If the same person is caught again within two years, the amount rises to €350 to €1,400, the points become 10 and the suspension runs 1 to 3 months. Because the offence always carries a suspension, the 30% discount for paying within 5 days does not apply: you pay the €250 minimum within 60 days. While the vehicle is moving the law bans phones, smartphones, tablets, laptops and similar devices that take your hands off the wheel, even briefly, and it bans headphones. Hands-free kits and a single earpiece are allowed, provided they need no hands and the driver hears properly in both ears. A new driver loses 10 points.

Licence under 3 years
Second time in 2 years

Rule applied: Art. 173 c.3-bis of the Italian Highway Code. Amounts in force in 2026 (index-linking suspended until 31 December 2026).

To pay within 60 days

€250

no 30% discount · 5 points

Within 60 days (minimum)€250
Maximum set by law€1,000
If you neither pay nor appeal€500 + costs
Points deducted5
Licence suspension15 to 60 days

How the amount is calculated

Checked by Radif Partners · Editorial policy · Method and sources

What article 173 bans

Paragraph 2 of article 173 of the Italian Highway Code bars the driver from using, while the vehicle is moving, «apparecchi radiotelefonici, smartphone, computer portatili, notebook, tablet e dispositivi analoghi» (phones, smartphones, laptops, notebooks, tablets and similar devices) that take the hands off the wheel «anche solo temporaneamente», even briefly, and from using headphones («cuffie sonore»). The text does not list activities such as calls, messages or photos: it speaks of using («far uso») the device, and the test is taking your hands off the wheel, even for a moment. Only drivers of armed forces, police and the bodies named in article 138 are exempt.

The same paragraph says what remains allowed: hands-free devices or an earpiece («a viva voce o dotati di auricolare»), provided the driver has adequate hearing in both ears and the device needs no hands to work. The car’s hands-free system, voice commands and a single earpiece are therefore fine; holding the phone, putting it to your ear or typing on the screen is not. Headphones are banned as such, even without a call.

What it costs: first and repeat offence

The amounts are those of paragraph 3-bis, rewritten by law 177 of 25 November 2024, in force since 14 December 2024 and still current in 2026. The biggest change is the licence suspension from the first offence.

Phone or headphones at the wheel, article 173 para. 3-bis: amounts in force in 2026
First offenceNew offence within two years
Amount (minimum – maximum)€250 – €1,000€350 – €1,400
Within 5 daysno discountno discount
Within 60 days€250€350
Points510
Points for a new driver1020
Licence suspension15 days to 2 months1 to 3 months

There is no 30% discount because article 202 excludes it for offences carrying a licence suspension. You pay the minimum, €250, within 60 days of the offence being contested or the fine being served, plus the costs shown on the verbale. If you neither pay nor appeal, half the maximum becomes due, €500; the unpaid fine page explains what follows. There is no night surcharge either: article 173 is not among those listed in article 195, paragraph 2-bis.

Amount and points for an offence

Within 60 days

€250

Minimum and maximum€250 – €1,000
Points5 points
Suspension15 to 60 days
Full calculation with repeat and night →

Points and suspension: what happens to the licence

The points table takes 5 points for a first offence and 10 for a second within two years; for drivers licensed under three years these become 10 and 20. Since the offence carries a suspension, the 15-point cap for offences found together does not apply: a phone and a seat belt in the same stop cost 10 points, a phone and a red light 11. The points deduction page shows more cases.

While the suspension runs (15 days to 2 months), you may not drive. Watch the three-offence rule too: three fines of at least five points within twelve months, such as three phone episodes, lead to a re-examination of an Italian licence even with points left. To see your balance after the fine, use the calculation below.

How many points I have left

Points left

15

Licence re-examinationNo
With a refresher course (+6)21
Calculation with the full table →

Prescribed glasses and other cases in the same article

Article 173 opens with a different duty: drivers whose licence requires glasses or other aids must use them at the wheel (paragraph 1). That offence has its own, lower penalty under paragraph 3 and its own row in the points table. It should not be confused with the phone fine, which only concerns paragraph 2. For other common offences, from seat belts to red lights, the Italian traffic fines list brings amounts and points together; the other changes of the reform are on the new Highway Code page.

The text of article 173 was read on Normattiva on 24 October 2026. The 2027 amounts are not published yet: the update decree is due by 1 December 2026, and until then the figures above apply.

Frequently asked questions

Can I take calls hands-free while driving in Italy?

Yes. Paragraph 2 of article 173 allows hands-free devices or an earpiece, on two conditions: they must not need your hands to work, and the driver must have adequate hearing in both ears. Answering by tapping the screen, dialling or holding the phone is still banned, and is fined as a phone offence.

Are headphones allowed while driving in Italy?

No. The same paragraph bans the driver from using headphones («cuffie sonore») while moving, with the same fine as a phone: €250 to €1,000 and 5 points. The law treats headphones differently from an earpiece, which is allowed for hands-free calls if the driver hears properly in both ears.

What happens if I am caught on the phone twice within two years in Italy?

A second offence within two years costs €350 to €1,400, with a licence suspension of 1 to 3 months, and the table takes 10 points instead of 5. For a new driver the points double again, to 20: almost the whole starting balance.

Is there a night surcharge on Italian phone fines?

No. The one-third increase between 10 pm and 7 am under article 195 only covers a closed list of articles, including speeding, red lights and some motorway manoeuvres. Article 173 is not on the list, so phone and headphone fines cost the same by day and by night.

I was stopped on the phone in a hire car with a foreign licence: what now?

The penalty is the same whatever licence you hold: €250 to €1,000, with no discount, and a suspension of 15 days to 2 months during which you may not drive in Italy, so plan how the car will be returned. The fine also states the points; article 126-bis keeps a points balance for Italian licences only.

Related pages and calculations

Sources

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Amounts in force in 2026, texts reread on