Mobile phone on hand while driving? Meanwhile, this is a common prohibition: use of the driver, including “gripping,” with these devices often falls under StVO Section 23 (1a) and is subject to a fine. But what applies when both hands are on the steering wheel and the phone is used with the smartphone trapped between the head and shoulder?
Mobile phone on hand while driving? Meanwhile, this is a common prohibition: use of the driver, including “gripping,” with these devices often falls under StVO Section 23 (1a) and is subject to a fine. But what applies when both hands are on the steering wheel and the phone is used with the smartphone trapped between the head and shoulder?
A woman driver was shown blinking for speeding. The € 115 fine wasn’t just for driving too fast. The image showed that the woman had a cell phone stuck between her left shoulder and her head. To pay her in addition to her accusation Illegal use of an electronic device for communication or information purposes (§ 23 Abs. 1a StVO).
§ 23 other duties of vehicle drivers
(1 A) 1 It is not permissible for anyone who drives a car other than to use an electronic device that serves or aims to serve communications, information, or organization purposes if
1. For this device Do not register nor complicate Will and
2. Either
A) The voice control and read-only function or
B) To operate and use the equipment, you only need to quickly glance at the device or adapt it to the road, traffic, visibility and weather conditions, while avoiding the visibility from traffic conditions or necessary at the same time.
The phone call started with a cell phone jammed before the journey began
The woman admitted that she used a cell phone to make calls. However, she did have the phone They are placed in this position before the start of the flight. She saw that this was not possession according to the regulation, as this required grip. The district court did not follow this argument and assumed a “reservation” according to the facts.
The cell phone was not “picked up” nor “picked up”
The District Supreme Court in Cologne agreed with this assessment. a Holding something does not necessarily require the use of two hands. So OLG – accurate (?) – and cite the following example: if an object is held between the upper arm and the torso or between the thighs, then this should also be considered as a knot. The court stated that the regulation should primarily serve to prevent behavior that would result in the driver not having both hands to steer the vehicle and / or having to avoid his gaze from the traffic situation.
The distraction effect of non-driving activities is critical
The legislator gave the use of electronic devices with hands an increased distracting effect. However, it has also been taken into account that non-driving activities can lead to distractions that could put road safety at risk regardless. According to the court, speaking on the phone and a mobile phone fixed between the head and the shoulder was undoubtedly an activity not related to driving. ThisIts use carries great risks.
- The main thing is not that cell phone jamming causes It is difficult to look over the shoulder or in the mirror will.
- Holding a cell phone in this way is extremely unsafe and requires the driver’s attention unnecessarily.
Trapping a cell phone between the head and the shoulder is risky
In particular, the court considered the dangers of separating the mobile phone from its “carrier”, that is, from its position trapped between the head and shoulder and the driver. It causes involuntary reactions to prevent it from falling. In order to meet this danger, the driver would devote part of his attention to his mobile phone, which would otherwise have been devoted to traffic.
It cannot be compared to using the hands-free system
This is also a key difference to using a hands-free device, as the driver does not have to worry about the stability of the holder.
(OLG Cologne, Decision 4, 2020, III-1j RBs 347/20).
Notice:
According to Dowden Means holding
- Absorbed, absorbed and never let go; Hold tight,
- But also: He caused something in its place or in its standing, or the like. Remains, has attachment, riveting, support, or the like. To be for something.
So the court could be followed, regardless of comments on the distraction caused by the cell phone blockade, as well as on the grammatical interpretation of the rule.
More news on the topic:
The call on the cell phone should not be pushed aside while driving
Charging your phone while driving
The mobile phone is on the steering wheel at hand, but not on the phone
Background: New Regulations § 23 Abs. 1a StVO
The regulation became § 23 Abs. 1a StVO It has basically changed as of October 19, 2017. Moving away from the previously applied ban on the use of “cell phone or car phone”, the legislature has now decided to standardize the terms in the form of an order, according to which only Use of an electronic device, Those serving or aiming to serve the communication or information or the organization should still be permitted. By doing so, it intentionally overrides the old regulations in Section 23 (1a) Sentence 1 StVO Old Version. It is now prohibited to keep the device simply – the so-called ‘Banned by hand– If one of the device’s functions (except for voice control and playback function) is used in addition to (“and”) or if the outlook is not very brief. Among other things, any use of the device that is not related to simply looking away should be prohibited,
Overview of prohibitions when using a mobile phone while driving
Incredible what can be done with a cell phone in the car It can be used in court to see if it’s prohibited or not:
You can go left to right, use it as a dictation machine, listen to music, and pick it up from the bottom of the foot – now you can download an overview of the different cell phone procedures and corresponding provisions from the German attorney Office Premium.
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