Mobile phone at the wheel: That’s how high the penalties are in Germany

Even if it is actually forbidden, many drivers occasionally use their mobile phones while driving. But what is allowed and what is not? And what are the penalties if you get caught?

Nowadays we are used to being constantly reachable through our mobile phones, even when driving. Modern smartphones are also increasingly replacing the navigation system and you can quickly check whether the store you want to go to is still open while driving. Despite all these advantages, it’s illegal to use your cell phone while driving – and with good reason. The risk of accidents increases enormously. The ADAC, for example, has calculated that just one second of not looking at the road but looking at your phone can have serious consequences. At a speed of 40 km/h you actually drive a good eleven meters in blind flight. At 130 km/h it is even a good 36 meters per second.

This is one of the reasons why the Netherlands, for example, have increased their penalties for using cell phones while driving. Anyone caught using their smartphone while driving has been paying 380 euros since March 1, 2023. But how is the situation in Germany?

What is allowed and what is not

The penalties in Germany were last increased in 2017. Talking on the phone while driving with the mobile phone to the ear is strictly forbidden. The same applies to writing messages and many other things where you look at the cell phone display. Thus, not even reading the time from the smartphone is allowed. Even when the traffic light is red or in a comparable situation in which the vehicle is stationary but the engine is still running, looking at your cell phone is taboo.

Incidentally, this is the only point where the regulations for car drivers and cyclists differ significantly. Because the use of a smartphone is not allowed on the bike either. However, if the cyclist is standing, he has unrestricted access to his electronic devices.

There is only one case where using a smartphone while driving is allowed, and that is when the device is in a designated holder. Then, however, only a quick glance at the cell phone is allowed. The focus must always be on the traffic situation. Incidentally, this also applies to the use of a so-called “on-board computer”, for example a built-in navigation device. So if you want to be navigated in this way, you have to select the destination and route before driving. It is no longer permitted to operate the device while driving.

Can I use the phone while driving?

Anyone who is called on their mobile phone while driving may, under certain conditions, make calls. It is particularly important that neither the view nor the driving itself are impaired. In plain language, this means that your hands must be on the wheel and your eyes on the road. Accordingly, even picking up the phone is taboo if the driver has to pick up the phone to do so.

On the other hand, anyone who uses a telephone system to make calls is within the legally permitted framework. These are installed in most modern cars anyway. The key difference is that in this case you can pick up via the car controls and then make a call via the loudspeaker.

There are penalties for using a cellphone while driving

If you use your smartphone or a comparable electronic device while driving, you risk a fine in Germany. This increases depending on whether other people have been endangered or property has been damaged. In addition, the driver gets one or two points in Flensburg. The penalty is precisely defined in Section 23 of the Road Traffic Act (StVO for short).

If you look at your cell phone while driving and get caught, you have to expect the following consequences:

  • Mobile phone at the wheel: €128.50 fine, 1 point in Flensburg
  • -“- with risk: 178.50 euros, 2 points in Flensburg and a 1-month driving ban
  • -„- with damage to property: 228.50 euros, 2 points in Flensburg and a 1-month driving ban

Anyone who is still in the probationary period must also expect an extension of two more years and thus to four years. In addition, a so-called advanced seminar must be attended.

source

  • ADAC (“Mobile phone at the wheel: what is allowed?”, accessed on March 14, 2023)
  • catalog of fines (“Cell Phone Driving: Penalty for Using Cell Phones While Driving,” accessed March 14, 2023)
  • catalog of fines (“§ 23 StVO: Other obligations of vehicle drivers”, accessed on March 23, 2023)

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