Smartphone as a navigation system in the car - is that forbidden?
In this practical tip we clarify the legal situation regarding a smartphone in the car and whether you can use your cell phone as a navigation system.
Using smartphones in the car: that's the legal situation
In the following, we first explain the general legal situation regarding smartphone use in the car. All information is provided without guarantee.
- According to Section 23 (1a) of the Road Traffic Act (StVO), the driver of a vehicle is prohibited from using a cell phone while driving if he has to hold it in his hand.
- It should be noted that you are still legally classified as a "driver of a vehicle" if you are at a red traffic light with the engine running. This also applies if the engine is still running even though you have driven right.
- The OLG Hamm passed an important exception in September 2014 (1 RBs 1/14): This ban on cell phones at red traffic lights does not apply to all vehicles equipped with an automatic start-stop device. It can make no difference whether the engine has been switched off manually or automatically by means of electronics.
- This means that you can use your mobile phone at a red light when the engine stops automatically due to the start-stop function. But note: Only the OLG Hamm in NRW decided. How other higher regional courts in Germany would judge such a case is, however, unclear.
Use your smartphone as a navigation system in the car: you have to pay attention to this
You should note the following points so that you do not risk a fine while navigating with your mobile phone.
- When driving, always leave your smartphone in a holder that is firmly connected to your vehicle. We will show you which brackets are particularly suitable for this in a separate practical tip.
- While driving, you can operate your mobile phone in the holder, be it to answer a call via the hands-free system or to type in a new route. By doing this, you do not violate Section 23 (1a) StVO. However, as the driver of the vehicle, you have additional obligations under road traffic regulations.
- You should always make sure that you only use your smartphone if the traffic situation allows it and your attention is still on the road and with other road users. Instead, drive right to the side of the road before you risk an accident.
- Otherwise, only take your smartphone out of the holder when the engine of your vehicle is no longer running. Even simply "flipping" your smartphone may result in a fine (see District Court Lüdinghausen, Az .: 19 OWi-89 Js 86 / 14-14 / 14).