DrCarrying a mobile phone on the steering wheel, subject to a fine, does not necessarily require the use of two hands. A mobile phone getting stuck between your ear and shoulder while driving can also lead to a fine, according to a decision of the Regional Supreme Court in Cologne published on Wednesday. (Reference III-1 RBs 347/20)
In this case, a driver showed a flashing cell phone trapped between her shoulder and her head. The woman also admitted that she was on the phone. But before the start of the trip, she had already tied the phone between her ear and her shoulder, which is why the issue of “holding” the cell phone was not forbidden in the sense of traffic regulations, which ultimately required holding it in the hand.
However, the OLG Senate did not follow suit. Cell phone lock-up is a significant potential risk that must be prevented through regulations. Because there is a risk that the mobile phone may lose its “holder”. This may cause the driver to trigger an involuntary reaction, for example by trying to prevent the cell phone from disappearing into the feet of the car.
In order to counter this danger, the driver would “give a portion of his attention to his mobile phone that would otherwise have directed it to traffic.” This circumstance also distinguishes mobile phone use from a hands-free device, as the driver does not have to worry about the stability of the holder.
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