In a landmark decision, the Higher Regional Court (Oberlandesgericht) of Cologne has ruled that operating an e-cigarette with a touchscreen while driving falls under the same legal restrictions as using a mobile phone. The verdict (Az. III-1 ORbs 139/25) means drivers who adjust settings on modern vape devices via a display risk significant fines.
The case involved a driver observed by police on the autobahn tapping on a device. Officers initially assumed he was using a smartphone and issued a fine. However, the man was actually adjusting the vapor strength on his e-cigarette using its integrated touchscreen. Despite his defense, both the District Court and the Higher Regional Court upheld the penalty, classifying the use of the e-cigarette as a violation of § 23 of the Road Traffic Regulations (StVO) — the so-called mobile phone ban.
The judges reasoned that an e-cigarette with a touchscreen qualifies as an "electronic device with a touchscreen" that displays information. In their ruling, they emphasized, "Tapping on the display to change the strength level does not differ significantly from adjusting the mobile phone volume." The court concluded that both actions equally distract from traffic and pose similar dangers. The driver was ordered to pay a fine of €150, with the court noting his prior record.
Legal experts from the ADAC (General German Automobile Club) clarify that vaping while driving using a device without a touchscreen remains technically legal. However, the club generally advises against smoking or vaping in the car due to potential distractions and visibility issues.
