Holding and using a mobile phone while driving is a regulatory offence in Germany under section 23(1a) of the Road Traffic Regulations (Straßenverkehrs-Ordnung, StVO). For drivers it means a fine of at least €100 and one penalty point in the driver fitness register in Flensburg. If someone is endangered or there is an accident, a one-month driving ban and a second point follow.
Many drivers pay at once. Yet the line between permitted and prohibited use is drawn precisely, and the evidence is often a brief observation from a moving patrol car. Aleksander Sigal, a specialist lawyer for traffic law (Fachanwalt für Verkehrsrecht) in Berlin, advises in English and checks whether the allegation actually holds up.
Which devices the phone ban covers
The rule is not limited to phones. It covers every electronic device used for communication, information or organisation. The regulation expressly mentions, among others:
- mobile phones and car phones,
- tablets and other portable computers, and touchscreens,
- satellite navigation devices,
- televisions, video players and audio recorders.
Smartwatches are widely considered to be covered as well, and so are screens built into the car. The Higher Regional Court (Oberlandesgericht) of Karlsruhe upheld a fine against a driver who set the wipers via his car's touchscreen and looked at it for too long (order of 27 March 2020 – 1 Rb 36 Ss 832/19). The purpose of the operation is irrelevant. Video glasses worn on the head are banned altogether.
The rule applies to anyone driving a vehicle, which includes cyclists.
When using a device is allowed
German law does not ban every use. You may operate a device if you neither pick it up nor hold it, and one of the following applies:
- you only use voice control or a read-aloud function, or
- you only glance at it briefly – no longer than road, traffic, visibility and weather conditions allow.
Phone holder and a brief glance
A phone in a fixed holder may be tapped briefly, for example to confirm a route. Reading messages, typing or scrolling is not allowed even in a holder, because your eyes are off the road for too long. Wedging the phone between ear and shoulder counts as holding it, as the Higher Regional Court of Cologne has ruled (order of 4 December 2020 – III-1 RBs 347/20).
Engine off – start-stop is not enough
The ban does not apply when the vehicle is stationary and the engine is completely switched off. An automatic start-stop shutdown expressly does not count. Picking up your phone at a red light while start-stop has cut the engine is therefore still an offence.
Fines, points and driving bans for phone offences
The amounts come from the nationwide catalogue of fines (Bußgeldkatalog) and have been unchanged since October 2017 (as of October 2026).
| Offence | Fine | Points | Driving ban |
|---|---|---|---|
| Motorist using a device | €100 | 1 | – |
| … endangering others | €150 | 2 | 1 month |
| … causing property damage | €200 | 2 | 1 month |
| Cyclist using a device | €55 | – | – |
Administrative fees and expenses are added. New drivers in their probationary period should also expect a remedial course and an extension of the probation to four years, because a phone offence counts as a serious category A offence. See probationary licence in Germany.
How a phone offence is proved
Unlike speeding, there is usually no measuring device. The evidence is different:
- Police observation: the most common case. An officer sees from a patrol car or the roadside that you are holding a device and records it in a report.
- Speed or red-light camera photo: if a camera photographs you and the image shows a phone at your ear, the phone offence can be prosecuted as well. Two allegations then run side by side, for example a red light offence plus phone use.
- AI-assisted cameras: since 2025 the police in Rhineland-Palatinate have used a so-called Monocam in regular operation, which detects phone use automatically; officers then review the images. Whether and when other states such as Berlin will follow is open.
With observations, detail matters: distance, angle, lighting, duration and whether the officer was driving. An object in your hand is not automatically a phone.
How the allegation can be challenged
Only the investigation file shows whether an appeal is worthwhile. Typical points we check:
- The report: does it say specifically what was seen – device, hand, screen, duration? Vague wording can be challenged.
- The driver: were you stopped and identified, or does the authority infer the driver from the number plate?
- Permitted use: was the phone in a holder, was only voice control used, was the engine really off?
- Photo quality: does the image really show an electronic device – and its use?
- Limitation: unless interrupted in time, the offence becomes time-barred six months after the event.
- Driving ban: in exceptional cases a ban can be lifted in exchange for a higher fine. See driving bans in Germany.
To be realistic: if the offence is clearly documented, an appeal can add costs, so every consultation includes an honest assessment. Legal expenses insurance with traffic cover usually pays; see fees and legal insurance.
What to do after a phone offence
- Say nothing about the facts. At a roadside check and on the hearing letter (Anhörungsbogen) you only have to give your personal details. Remarks such as “I only glanced at the sat nav” end up in the file.
- Write down what you remember. Where was the phone, was the engine running?
- Watch the deadline. Once a fine notice (Bußgeldbescheid) is served, you have two weeks to lodge an objection.
- Get the file. Your lawyer requests the complete file, including the report and photos.
- Decide. Together you then decide whether to pursue the appeal, limit it to the penalty or withdraw it.
More on fines and appeals is in our overview of traffic fines in Germany. You can reach the office via the contact page or by phone on 030 86 20 12 40; Mr Sigal also advises in German and Russian.
This article gives a general overview of German law (as of October 2026) and does not replace advice on your individual case.