Phone in hand at the wheel: prefects across France told to suspend licences, no judge needed

On 29 September 2026 the Interior Ministry sent every prefect an instruction to use a power the Code de la route already gives them: administrative suspension of the driving licence for people who drive with a phone in their hand. Service-public.gouv.fr reported it on 8 October. Around twenty départements were already doing this, including the Landes, Lot-et-Garonne, Pas-de-Calais, Charente-Maritime and Yonne. Now it can happen anywhere.

What was already there, and what's new

Holding a phone while driving (article R412-6-1 of the Code de la route) still means:

• a €135 fixed fine (amende forfaitaire);
• 3 points off your licence;
• a possible licence suspension ordered by a court.

The rule hasn't changed. The practice has: a prefect can suspend the licence directly, without waiting for a court, for up to 6 months. According to the service-public notice, no second offence is needed. You don't have to be speeding or doing anything else wrong at the same time. Holding the phone is enough.

How it works

This is easy to get wrong, so here it is step by step, based on two official pages.

1. Your licence is usually not taken at the roadside. The 8 October notice says plainly that police or gendarmes do not confiscate the licence during the check. The prefect decides on the suspension and notifies you. Service-public's reference page on suspension (F14836, checked 12 October 2026) adds that immediate roadside retention (rétention) for phone use applies when the driver commits certain other offences at the same time.
2. The prefect receives the offence report and may decide to suspend. You have the right to submit your observations under an adversarial procedure (procédure contradictoire). The decision arrives by letter.
3. You must hand in your licence to the prefecture. Under F14836, refusing to hand it in, or ignoring the suspension, can lead to up to 2 years' imprisonment and a €4,500 fine.
4. No exceptions. An administrative suspension cannot be adjusted, and there is no "permis blanc" (a limited licence to keep driving to work, for example).

Afterwards

If the suspension lasted more than one month, you only get your licence back after a medical check. That costs €36 with an approved doctor (médecin agréé) or €50 before the medical commission (figures from F14836). A suspension of 6 months or more also requires a psychotechnical test before the medical check, at around €100. You then apply online through ANTS.

You can challenge the decision in two ways: an administrative appeal to the prefect (recours administratif), or a case before the administrative court. The deadlines are stated in the decision itself. Check them as soon as the letter arrives.

What else is banned

Service-public also reminds drivers that earphones, headsets and any device worn on the ears have been banned at the wheel since 1 July 2015.

Why this matters if you're new to France

For many foreign residents, the car is how they get to work. A suspension with no permis blanc can mean months without it. A common mistake is to assume that if the officer didn't take your licence on the spot, the fine is the end of it. Under the new practice, a letter from the prefecture can follow later.

The official pages don't say how this applies to foreign licences. If you drive on a licence from another country and receive a suspension decision, ask the prefecture that issued it how the procedure works.

Sources: service-public.gouv.fr, notice "Le téléphone au volant peut entraîner une suspension administrative du permis de conduire" of 8 October 2026, and reference page F14836 "Suspension administrative du permis de conduire" (checked 12 October 2026). Published under the Licence Ouverte Etalab 2.0. General information, not legal advice.