In a landmark decision with significant implications for vapers who drive, the Higher Regional Court (OLG) of Cologne, Germany, has ruled that using an e-cigarette with a display can be considered an illegal use of an electronic device while driving. The ruling, dated September 25, 2025, clarifies a previously unresolved legal question and confirms that even seemingly harmless actions, like adjusting a vape's settings, can result in a fine if performed behind the wheel.
The case involved a driver on the A59 motorway who was observed holding an e-cigarette with a display at chest height and making tapping motions on its touchscreen to adjust the vapor strength. His gaze was diverted from the road. The initial district court fined him €150 for the prohibited use of an electronic device. The driver contested the fine, arguing that an e-cigarette is not a mobile phone or navigation device. However, the OLG Cologne upheld the verdict, setting a clear precedent.
The Court's Reasoning: Functionality and Distraction Potential
The legal basis for the decision is Section 23 (1a) of the German Road Traffic Act (StVO), which prohibits the use of electronic devices that serve communication, information, or organizational purposes while driving. The court's argument centered not on the primary function of the device – producing vapor – but on whether it provides information and allows for interactive operation.
The e-cigarette in question featured a touchscreen that displayed the current vapor strength and allowed the user to change it. The court determined that this functionality met the criteria of the law. It explicitly mentioned that the device had a "touchscreen," a feature expressly named in the statute, and that its functionality was being used. The court drew parallels to other devices, such as a smart key fob that can display vehicle service information, or a power bank with a charge level indicator, which a previous court (OLG Koblenz) had also deemed to fall under the rule. The decisive factor is the potential for distraction.
The driver argued that the e-cigarette's primary purpose is vaping, not information processing. The court dismissed this, ruling that even if the information display is a secondary or auxiliary function, it is still a function of the device. The law aims to prevent any avoidable distraction. Tapping on a screen to change settings, the court reasoned, diverts a driver's attention from traffic in a manner similar to operating a smartphone or a navigation system. Therefore, the act of adjusting the vape's strength via the touchscreen constitutes "use" in the legal sense.
What This Means for Drivers in Germany
This ruling has a significant signaling effect and establishes that the term "electronic device" under German traffic law is to be interpreted broadly. It is not limited to classic communication devices but can include any gadget with an interactive display or information function. This could potentially apply to a growing number of everyday items equipped with digital interfaces, from smartwatches to other modern electronic accessories.
The key takeaway for drivers is that operating any device with a display while the vehicle is in motion carries the risk of a fine, even if it's not a phone. The court's decision makes it clear that the specific action of interaction is what matters. Adjusting your e-cigarette's settings is legally no different from inputting an address into a GPS. The message is unambiguous: driving requires undivided attention, and even small, seemingly harmless distractions can be costly and, more importantly, increase the risk of an accident.
The ruling is an example of how traffic law adapts to technological progress. For drivers, this means exercising caution with any device that has a screen. The safest practice is to adjust all settings before starting a journey or to pull over safely to make changes. Otherwise, you risk not only a fine but also endangering yourself and others on the road.
