Use of the built-in touchscreen in a car can lead to a fine

from
Dr. jur. Ingo E. Fromm
Lawyer
Specialist in criminal law
Specialist in traffic law

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Since the previous cell phone ban in the German Road Traffic Regulations was changed in 2017, not only can making calls with a smartphone while the engine is running be punished with a fine. Even the touchscreen is considered an electronic device in the sense of § 23 para. 1a StVO. This has been decided by the Higher Regional Court of Karlsruhe (decision of March 27, 2020 – 1 Rb 36 Ss 832/19). The driver of a Tesla had caused an accident by operating the touchscreen of his vehicle. This distracted him. He apparently wanted to adjust the windshield wiper intervals on the "touchscreen." Although this would have been allowed, it would only have been allowed if the operation had been associated with a brief glance at the screen, appropriate to the road, traffic, visibility, and weather conditions. The decision is rightly criticized because windshield wipers are not consumer electronic devices (§ 23 Ia 2 StVO).

Incidentally, operating the navigation system for too long also leads to fines, even without a traffic accident (Fromm MMR 2018, 68). Of course, this usually goes unnoticed. In any case, after an accident, you should be careful not to tell the police the real reason for your distraction. The driver has the right to remain silent as the person concerned. If the driver had offered the excuse that he was only looking for the chocolate bar that had fallen on the floor (not an electronic device used for communication, information or organization), he would have avoided the fine, a driving ban and two points on his license.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.