Using a hand-held phone while driving in Portugal costs a fine of €250 to €1,250. It is a serious offence: it takes 3 points off your licence and can bring a driving ban of one month to one year. Stopping at a red light or in a queue still counts: the car is still in traffic. Only a speakerphone or a single earpiece, without handling the device, is allowed.
This guide explains what article 84 of the Portuguese Highway Code (Código da Estrada) says, how much the fine for using a phone while driving is, how many points you lose, whether you can pay the minimum, and what counts as banned use: a phone as GPS, messages at the lights, speakerphone or earphones.
What the law says about phones while driving
The rule is in article 84 of the Código da Estrada. It bans the driver, while the vehicle is moving, from using or continuously handling any equipment or device that may impair driving, such as headphones or radio-telephone devices. Phones are the most common case, but the rule also covers tablets and other screens.
The same article has two exceptions:
- a speakerphone or a single earpiece, as long as using it does not require continuous handling;
- devices used in driving lessons and the driving test, under the regulation.
In other words, the law does not ban talking on the phone while driving: it bans holding the phone, typing, reading or tapping the screen. Earphones in both ears are not covered by the exception either.
Fine for using a phone while driving: how much
Under article 84(4), using a phone while driving is punished with a fine of €250 to €1,250. The amounts were raised by Decree-Law 102-B/2020, in force since January 2021, as the Government explained at the time.
- paying the minimum: you can pay €250 if you do so within 15 working days of the notice (article 172);
- paying does not close the case: because there is an additional penalty, the case goes on to decide the driving ban;
- contesting: if you disagree, you can file a defence instead of paying, but the final amount is then set in the decision, between the minimum and the maximum.
To check whether you have outstanding fines, follow our guide on how to check traffic fines online.
How many points a phone offence costs
Using a phone is a serious offence (article 145(1)(n)). Serious offences usually cost 2 points, but article 148 puts phones in the group that costs 3 points, alongside drink-driving. Until 2021 it was 2 points.
Every driver starts with 12 points. Points are only deducted once the decision is final, and what happens next depends on how many you have left:
- 5 points or fewer: a mandatory road safety course;
- 3 points or fewer: you must retake the theory test;
- 0 points: the licence is revoked and you cannot get a new one for two years.
Four phone fines are enough to lose your licence. We explain the system and how to win points back in our article on driving licence points in Portugal. You can check your balance on the gov.pt points service, with the Chave Móvel Digital or the Citizen Card.
Driving ban: up to one year without driving
On top of the fine and the points, serious offences carry an additional penalty: a driving ban of one month to one year (article 147), covering all motor vehicles.
The ban can be suspended (article 141), provided the fine has been paid. Drivers with no road crimes and no serious or very serious offences in the last five years can have it suspended for six months to one year. With one serious offence in that period, the suspension can run from one to two years and comes with conditions, such as a training course.
Stopped at the lights or in traffic: does it still count?
Yes, in practice it does. The law speaks of use «while the vehicle is moving», and many drivers think that once the car is stopped at a red light they can pick up the phone. That is not how the Highway Code treats the situation.
Article 48 defines a stop as standing still only for the time needed for passengers to get in or out or for brief loading. It also says that standing still «because of the traffic itself» is not parking. A red light, a queue or a STOP sign are exactly that: the car is stationary, but it is still in traffic.
That is why the police fine drivers holding a phone at the lights or in queues. Anyone wanting to argue the point has to do so in the offence proceedings, at the risk of paying more than the minimum. The advice is simple:
- if you really need to read or write a message, pull over where you can park and, if possible, switch the engine off;
- set the GPS and the music before you set off;
- turn on your phone’s driving mode, which silences notifications and replies to messages for you.
GPS, speakerphone and earphones: what is allowed
Using your phone as a GPS
As a rule, glancing at a map on a phone in a holder does not get you fined. What the law punishes is continuous handling: typing addresses or fiddling with the map while driving, or driving with the phone in your hand. Put it in a holder that does not block your view or the airbags. Our tips on the best phone holder for the car help.
Speakerphone and the car’s system
Talking on speakerphone through the car’s Bluetooth is the safest way to take a call. With Apple CarPlay or Android Auto, calls, maps and messages move to the car’s screen and to voice commands. Even so, tapping the central screen a lot is distracting too: use your voice whenever you can.
Earphones
Only one earpiece is allowed. Wearing earphones in both ears, even without touching the phone, falls outside the article 84 exception and can bring the same fine.
Buying a car with Bluetooth, CarPlay or Android Auto
If your car has no hands-free system, a used car with Bluetooth solves the problem for good. On AUTO.MOTO.PT, on 3 November 2026, 2,416 of the 9,887 cars for sale listed their equipment in the advert: 699 had Bluetooth and 415 had Apple CarPlay or Android Auto.
Browse the used cars for sale and confirm the equipment with the seller. In the AUTO.MOTO app you can save your search and get an alert when a new car appears, and the app can wait until you have parked too.
Frequently asked questions
What is the fine for using a phone while driving in Portugal?
A fine of €250 to €1,250, 3 points off your licence and a driving ban of one month to one year, which can be suspended.
How many points do I lose for using a phone while driving?
3 points. Phone use is a serious offence, and article 148 of the Highway Code sets 3 points for it.
Is using a phone stopped at a red light an offence?
Yes. Stopping at a red light or in a queue is part of traffic, so the car is not parked and the ban still applies.
Can I talk on speakerphone while driving?
Yes, on speakerphone or with a single earpiece, as long as you do not have to keep handling the phone.
Can I use my phone as a GPS?
Yes, in a holder and set up before you drive off. Fiddling with the map or holding the phone while driving is an offence.
Can I pay the minimum fine?
Yes, €250, if you pay within 15 working days of the notice. The case then goes on to decide the driving ban.
