A German court has ruled that operating an e-cigarette (vape) with a touch display while driving is illegal and falls under the country's "Handy-Verbot" or "mobile phone ban." The Higher Regional Court (OLG) of Cologne upheld a lower court's decision, clarifying that modern vaping devices with interactive screens are considered electronic devices with a "touchscreen" as defined by Section 23 (1a) of the German Road Traffic Act (StVO).
The case involved a man from Cologne who was observed by police making tapping motions on a device while driving his Audi A6 on the motorway. Initially suspecting mobile phone use, police issued a €150 fine. The man challenged the fine in court. During the proceedings, it was established that he was not using a mobile phone but was instead adjusting the power level of his e-cigarette via its touch display.
Both the Siegburg District Court and, upon appeal, the Cologne Higher Regional Court, concluded that this action violated the law. The OLG Cologne reasoned that an e-cigarette with a touch display is a device with a "touchscreen" in the sense of the law. Furthermore, because the device also provides information by displaying the changed vapor strength, it is covered by the section of the law that regulates electronic devices used for communication, information, or organization.
The court acknowledged that the primary purpose of an e-cigarette is to produce vapor for inhalation. However, it argued that regulating the vapor strength via a touch display is a supporting function, and its operation poses a "significant potential for distraction for the driver, which is no different from changing the volume of a mobile phone." Therefore, adjusting the vapor strength via the touchscreen constitutes a prohibited use while driving.
As a result, the man must pay the €150 fine and will also receive a penalty point on his driving record in Flensburg. This ruling sets a significant precedent in Germany, confirming that the operation of increasingly complex, screen-based vaping devices is subject to the same strict distracted driving regulations as mobile phones.
