Germany: Tapping Vape Touchscreen While Driving is Illegal

Tapping an e-cigarette with a touch display while driving is prohibited in Germany, the Cologne Higher Regional Court (OLG) has ruled in a final, legally binding decision. The court determined that touching the screen of a vape device falls under the ban on using electronic devices while driving, as stipulated in Section 23 of the German Road Traffic Regulations (StVO), commonly known as the “mobile phone ban.”

The case involved a 46-year-old driver who was observed by police making tapping motions on a device while on the Autobahn 59 in March 2024. Initially suspecting illegal mobile phone use, the city of Siegburg issued a fine. Although it was later clarified in court that the man was adjusting the power of his e-cigarette on its touchscreen, the Siegburg District Court upheld the fine in January 2025. The driver’s subsequent appeal to the Cologne Higher Regional Court was unsuccessful.

The OLG judges clarified that an e-cigarette with a touchscreen is a device with a “touch-sensitive screen” as defined by the law. They reasoned that operating it to change the vapor strength, which is then displayed on the screen, constitutes a secondary function that creates a “significant potential for distraction,” similar to changing the volume on a mobile phone. The driver must now pay a €150 fine and will receive one point on his driving record in Flensburg.

• Source: Oberlandesgericht: Tippen auf E-Zigaretten-Display am Steuer ist verboten

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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