Germany Operate Vapes With Touch Screen While Driving Is Illegal

According to the German legal news platform Legal Tribune Online (LTO), the Oberlandesgericht K ö ln High Regional Court in Cologne, Germany, ruled that operating vapes with touch screens while driving violates Article 23 (1a) of the Road Traffic Regulations (StVO) and is considered illegal.

The cause of the case was a Cologne man who was found by the police to have a “clicking action” on his hand while driving a car on the highway. At first, the police suspected that he was using a mobile phone and imposed a fine of 150 euros. After investigation, it was found that the man was not operating a mobile phone, but rather the touch interface of an vape, which adjusts the output power of the vape through the touch screen.
Despite the different nature of the devices, both the Siegburg District Court and the Cologne High Court found that this behavior also violates the “use of electronic devices while driving” regulation.

The court pointed out that vapes are equipped with touch screens, which belong to the “electronic devices with touch screens” listed in the second sentence of Article 23 (1a). When the device displays adjustment information (such as power or temperature), it also constitutes an “information device” in the meaning of the first sentence.
The court believes that operating the vape touch screen while driving poses a significant risk of distraction and is not fundamentally different from adjusting the volume of a mobile phone.
According to the verdict, the defendant is required to pay a fine of 150 euros and be credited 1 point to the Flensburg driving points system.

Reference: OLG Köln: E-Zigarette am Steuer fällt unter Handy-Verbot

We have been producing vapes since 2018 and have provided OEM vape and ODM vape services to numerous vape brands. We advocate paying attention to safety while driving, not being distracted, and putting safety first.