Donnerstag, 29.03.2018
Using a cell phone and other technical devices while driving – the latest changes
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
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The legislator has fundamentally reformed the 53rd Ordinance Amending Road Traffic Regulations § 23 Ia StVO, which previously dealt with the unlawful use of a cell phone. It was the last legislative change made by the grand coalition before the new elections in September 2017.
The legislature saw a need for a comprehensive revision of the regulation. In essence, the legislature has extended the previous ban on cell phones to include all technical devices for communication, information and entertainment. In contrast to the old legal situation, merely holding the technical device in one's hand is now prohibited. The orientation towards the factual (holding in the hand) makes it easier for the courts to determine any use that violates the ban. The use of the electronic device is permittedis permitted if only voice control and read-aloud functions are used, but only if operation and use of the device only requires a brief glance at the device, with the driver simultaneously averting his or her eyes from the road and traffic, visibility and weather conditions.
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.