Court: Tapping e-cigarette display while driving is prohibited
Touching the touch display of an e-cigarette is considered illegal use of an electronic device while driving. A driver in Cologne has to pay.
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The Cologne Higher Regional Court (OLG) has ruled in the last instance that operating an e-cigarette with a touch display at the wheel of a motor vehicle is prohibited. According to the decision of 25 September, which was made public on Wednesday, such touching falls under the so-called mobile phone ban from Section 23 of the German Road Traffic Act (StVO). This decision is of considerable importance for all drivers who use such electronic devices for vaping while driving.
In the specific case, a driver from Cologne who changed the strength of his e-cigarette on the touch display while driving must now pay a fine of 150 euros (case reference: III-1 ORbs 139/25). The smoker will also receive one point in Flensburg.
Police officers observed the 46-year-old man making tapping movements on a device on the 59 motorway in March 2024. They initially assumed that he was using a mobile phone illegally. The city of Siegburg then imposed the fine.
Great potential for distraction from traffic
During the hearing of evidence at Siegburg District Court, it emerged that the driver had been using his e-cigarette and not a mobile phone. Nevertheless, the judges at first instance confirmed the fine in January 2025 (Ref.: 208 OWi 65/24).
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The plaintiff's appeal on points of law before the Cologne Higher Regional Court was unsuccessful, according to a statement. The second instance court clarified that an e-cigarette with a touch display is a device with a "touch screen" within the meaning of Section 23 of the German Road Traffic Act (StVO). This also provides information when the changed vapour strength is signalled on the electronic display, the Cologne judges explained. The operation thus ultimately represents an auxiliary function. This creates – similar to changing the volume of a cell phone – a considerable distraction potential for the driver.
The ruling suggests that any active use of devices with touch-active displays while driving is prohibited. This applies at least if the driver has to take one hand off the wheel and the activity takes their attention away from the traffic situation.
(vbr)
