Urgent: E-Cigarettes with Displays Now Illegal to Use While Driving in Germany – €150 Fine Imposed
Cologne, Germany – In a landmark ruling with significant implications for drivers and the rapidly evolving intersection of technology and traffic law, a German court has determined that using an e-cigarette with a display while operating a vehicle constitutes an illegal use of an electronic device. The Cologne Higher Regional Court upheld a €150 fine issued to a driver who adjusted the vapor strength on his e-cigarette while driving on the A59 motorway, sending a clear signal that distracted driving laws are being rigorously enforced in the digital age.
The Case That Changed Everything
The case centered around a driver who was observed tapping on the touchscreen of his e-cigarette to modify the vapor strength. While he argued that an e-cigarette isn’t comparable to a cell phone or navigation system, the court disagreed, stating that the crucial factor isn’t the device’s primary function (vaping) but whether it provides information or allows for interactive operation. The court specifically referenced Section 23 Paragraph 1a of the German Road Traffic Regulations (StVO), which prohibits the use of electronic devices for communication, information, or organization while driving.
This isn’t just about e-cigarettes. The court’s reasoning extends to any device with a touchscreen or interactive display, even if it’s not permanently installed in the vehicle. A previous ruling by the Koblenz Higher Regional Court had already established that even a power bank with a charge level indicator could fall under this prohibition.
Beyond Vaping: The ‘Auxiliary Function’ Argument
The driver’s defense – that the e-cigarette’s primary purpose is vaping, not information delivery – was dismissed. The court argued that even auxiliary functions that provide information, such as displaying vapor strength, are enough to trigger the ban. This principle is analogous to electronic vehicle keys (“smart keys”) which, while primarily used for vehicle access, also display service information. The core concern, the court emphasized, is the potential for distraction. Adjusting settings on a display, whether it’s an e-cigarette or a smartphone, diverts attention from the road.
“The StVO aims to prevent any avoidable distraction,” explained a court spokesperson. “Tapping on a screen to adjust the strength is considered ‘use’ within the meaning of the regulation – comparable to regulating the volume on a cell phone.”
What This Means for Drivers – Now and in the Future
This ruling isn’t just about e-cigarettes; it’s a bellwether for how traffic laws will adapt to increasingly connected devices. Smartwatches, modern lighters with digital interfaces, and even in-car entertainment systems with complex touchscreens are now potentially subject to stricter scrutiny. The court’s decision signals a broad interpretation of “electronic device” and a zero-tolerance approach to distractions behind the wheel.
Practical Advice for Drivers: To avoid fines and, more importantly, to prioritize safety, drivers should configure any device settings before starting their journey. If adjustments are necessary while driving, pull over to a safe location. Remember, undivided attention is paramount when operating a vehicle.
The Evolving Landscape of Traffic Law & Technology
This case highlights a growing challenge for lawmakers: keeping pace with technological advancements. As devices become more integrated into our daily lives, the line between permissible and prohibited actions while driving becomes increasingly blurred. The German court’s decision demonstrates a willingness to adapt existing laws to address new risks, even if it means challenging conventional understandings of what constitutes a distraction. This ruling is likely to influence similar cases across Europe and beyond, prompting a broader conversation about the responsibilities of drivers in a hyper-connected world.
The message is clear: in the age of smart devices, even seemingly harmless interactions with technology can have serious consequences. Prioritizing road safety means minimizing distractions and focusing on the task at hand – driving.
