A ruling by the Higher Regional Court of Cologne establishes that adjusting an e-cigarette with a touch display while driving violates Germany’s mobile phone ban. Drivers caught tapping or swiping these screens face a €150 fine and one penalty point, even though vaping itself remains legal.
- Electronic Device Classification: E-cigarettes with touchscreens are legally classified as electronic devices under German traffic law.
- The €150 Penalty: Tapping to adjust settings like vapor strength or temperature while driving results in a €150 fine and one point in the Flensburg register.
- Vaping vs. Adjusting: Simply puffing on an e-cigarette is permitted; the penalty is triggered solely by interacting with the digital screen.
The Higher Regional Court of Cologne (OLG Köln) has ruled that operating an e-cigarette touchscreen while driving violates Germany’s mobile phone ban. This decision, arising from a highway traffic stop, clarifies that any interaction with touchscreens on vaping devices carries the same penalties as using a smartphone behind the wheel.
While smoking traditional cigarettes while driving remains legal in Germany, the rise of advanced e-cigarettes with digital displays has created a new legal risk. The German automobile club ADAC warns that any secondary activity that distracts from the road increases accident risks.
Under Section 23 Paragraph 1a of the German Road Traffic Regulations (StVO), drivers are prohibited from using electronic devices with touchscreens if it diverts their attention. In its ruling on September 25, 2025, the OLG Köln determined that modern e-cigarettes with touch displays fall squarely under this definition.
The case began when highway police pulled over a driver, believing he was using a mobile phone. Court proceedings revealed the driver was actually tapping his e-cigarette screen to adjust the vapor strength. The court upheld the initial fine, rejecting the driver’s appeal.
According to legal experts at bussgeldkatalog.org, the distinction lies entirely in physical interaction. Simply inhaling from a vape is allowed. However, adjusting settings like wattage, temperature, or vapor output via a screen while driving triggers a €150 fine and one point in the Flensburg register.
To avoid these penalties, drivers should configure their vaping devices before starting their journey and keep their hands off the screens while the vehicle is in motion.
