Germany OLG Cologne: Touchscreen Vape Use Violates Driving “Phone Ban”

Oct.27

Germany’s OLG Cologne ruled that adjusting an e-cigarette touchscreen while driving violates the “phone ban” under road traffic law. The driver, caught changing vape settings on the highway, was fined €150 and received one penalty point, as the court said such actions pose significant distraction risks.

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

References:

[1] E-Zigarette am Steuer fällt unters Handy-Verbot beim Autofahren

Also Read:

[1] Germany Discusses Strict Smoking Ban in Vehicles: Hefty Fines可能性

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