Mobile phone at the wheel: the 10 most important questions and answers

1. Is it allowed to make calls with the mobile phone at the wheel?

Most questions about mobile phones at the wheel are regulated by section 23 (1a) of the Road Traffic Act. And there is not much scope here:

Anyone sitting at the wheel of a vehicle must not use the phone or smartphone. Of course, this also includes phone calls. As soon as you pick up the phone and hold it to your ear, you may face fines.
An exception is when you are in an emergency, for example after an accident. In this case, however, you must be able to prove that it was imperative to make the emergency call at the wheel.
However, passing on the cell phone to the passenger is permitted.

Yes, with a hands-free device you do not violate any law. But here, too, you shouldn't be allowed to pick up the cell phone. It must always remain in the holder while driving.
It is best to use your smartphone's voice control to answer incoming calls.

In principle, you must not simply pick up the cell phone at red traffic lights, railway barriers or in a traffic jam and use it to make calls.
However, an exception applies if you have switched off the engine.
As long as you do not make a call at a red traffic light and your cell phone is in a holder, the police usually turn a blind eye.

If you have a Bluetooth radio and have connected your cell phone to it, nothing stands in the way of enjoying music.
However, you should also take care not to pick up the cell phone here. Even if you just want to put it on and are observed by the police, this can be enough for a fine.
Headphones are permitted in principle, but traffic safety must not be affected. So you still have to be able to hear horns or sirens.

Section 23 (1a) StVO speaks of mobile and car phones. The legislator therefore had the telephone function of the devices in mind.
However, you are still not allowed to use your smartphone, even if you only use a navigation app or if it is in airplane mode.
However, the situation is different with conventional navigation devices and even tablets.

While driving, you can briefly look at your cell phone to read the time, but here too you must not record it.
Just take a quick look and keep your eyes on the street.

If you are caught behind the wheel with your cell phone, you can expect a fine of 100 euros and a point in Flensburg.
By the way: Cyclists are also not allowed to use the cell phone. Here at least 55 euros are due if you get caught.

Where and how often it is checked depends on the environment. In most cities, however, the police are increasingly keeping an eye on mobile phone users at the wheel. For example, it is sufficient if you are seen by a patrol.
Even a speed camera photo that shows you on the ear with a cell phone is sufficient for a fine.

Whether it's a heat accumulator in winter, an electric shaver or a headrest - the excuses for those affected are varied to bizarre. However, it is often worthwhile to appeal if you can provide reasonable arguments. In many cases, the authority cannot provide sufficient evidence of cell phone use. As a result, many cases are being discontinued or dismissed by courts.

In this case, what matters most is your contract with the insurance company. For example, some car insurance policies exclude liability if a cell phone was used.
Many insurance companies classify, in particular, telephoning at the wheel as grossly negligent behavior and may not or only partially pay for the damage.

We'll tell you in the next article whether you can use your tablet while driving.