Key Highlights
- OLG Cologne ruled adjusting a touchscreen vape equals using a phone while driving.
- Based on Section 23(1a) StVO, the “mobile device ban.”
- Driver fined €150 and one penalty point added in Flensburg.
- Court found the vape’s touchscreen a “device with display functions.”
- Decision sets legal precedent extending driving restrictions to e-cigarettes.
2Firsts, October 27, 2025 — According to Legal Tribune Online (LTO), Germany’s Cologne Higher Regional Court (OLG Köln) has ruled that operating an e-cigarette with a touchscreen while driving violates the “mobile device ban” in Section 23(1a) of the German Road Traffic Regulations (StVO).
The case involved a man from Cologne seen by police making tapping gestures while driving an Audi A6 on the autobahn. Believing he was using a phone, officers fined him €150. Later, it emerged he was adjusting his vape’s power settings via touchscreen.
Both the Siegburg District Court and OLG Cologne concluded the act constitutes “use of an electronic device” under the same provision. The court stated that a vape with a touchscreen is a device with a “touch display” as defined by the law, since it shows and adjusts power levels.
The ruling emphasized the “significant distraction potential” of such devices, comparable to changing a phone’s volume. As a result, the driver must pay the fine and receives one demerit point in Flensburg’s traffic record system.
This marks the first legal precedent in Germany clarifying that touchscreen vapes fall under existing restrictions on using electronic devices while driving.
Image source: LTO / OLG Köln
We welcome news tips, article submissions, interview requests, or comments on this piece.
Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn
Notice
1. This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.
2. The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.
3. This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.
4. Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.
Copyright
This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.
For copyright-related inquiries, please contact: info@2firsts.com
AI Assistance Disclaimer
This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.
We welcome any corrections or feedback. Please contact us at: info@2firsts.com
