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E-cigarette with touchscreen – Cologne Higher Regional Court expands the mobile phone ban
The case began with a routine check. Two police officers observed a motorist who was tapping on a small device while driving. They stopped him — and imposed a fine of 150 euros. There was also a point on his Flensburg record. The man argued that he had not used a mobile phone, but had merely adjusted the vapor output on his e-cigarette.
The Siegburg District Court saw it differently. It characterized the behavior as the use of an “electronic device with a touchscreen.” The Higher Regional Court of Cologne has now confirmed this assessment.
Judgment with Signaling Effect
According to the judges, it does not matter whether the device primarily serves communication. What is decisive is the distraction caused by operating it. Those who tap on a screen while driving take their eyes off the road—and thereby risk road safety.
The court noted that even auxiliary functions, such as regulating the vapor intensity, can impair the driver's attention. The parallel to the volume control on a smartphone is obvious to the judges. The result: the fine remains in force, the point as well.
Legal classification
The ruling extends the scope of § 23(1a) Road Traffic Regulations, which restrict the use of electronic devices while driving. Up to now, the focus was on the mobile phone; now other touchscreen devices are also covered. In practice this means: those who operate a smartwatch, a tablet, or indeed an e-cigarette with a display while on the move violate the prohibition.
ADAC recommendation – not smoking at all
The ADAC welcomes the decision as a contribution to road safety. The lawyers of the automobile club point out that vaping itself – i.e., without input on the display – is currently not prohibited. Nevertheless, they generally advise against smoking and vaping in the car. In many European countries a general smoking ban in the vehicle already applies, especially when minors are traveling as passengers.
More than a curious isolated case
The Cologne ruling shows how far-reaching the regulations on distraction at the wheel have become. It is not about the device, but about the behavior. So anyone who at the traffic light swipes on the touch display of their e-cigarette risks the same as tapping on a smartphone: a fine, demerit points, and, if in doubt, a reprimand from the police.
A small display can thus quickly become expensive. Yet the reasoning of the two courts seems somewhat puzzling. After all, in modern cars a large portion of the operation takes place in various submenus of the central touch screen – which leads to significantly more distraction than a quick glance at the display of an e-cigarette.
There is a smoking ban in taxis
In Germany there is a smoking ban for taxis: Under the Federal Non-Smoking Protection Act (BNichtrSchG) smoking is not allowed in "means of public passenger transport." In legal terms, taxis or rental cars that commercially transport people are motor vehicles within the meaning of the law ("for the transport of persons under the provisions of the Passenger Transport Act") and thus belong to the means of public passenger transport. The law generally prohibits smoking in such vehicles.
Of course, the taxi driver may smoke when he is not "on duty." It should be noted, however, that the odor can be perceived as unpleasant by future passengers. And now, additionally: keep your fingers off the e-cigarette display while driving!
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