Traffic fines · Mobile phone

Mobile phone while driving in Germany: fines, points and your options

Using a phone at the wheel costs at least €100 and a penalty point in Flensburg. Whether the allegation holds up depends on the evidence – which we check in the full file.

€100
standard fine for drivers, plus 1 penalty point in Flensburg
1 month
driving ban if others are endangered or property is damaged
€55
fine for cyclists using a hand-held phone, no penalty point
Contents
  1. Which devices the phone ban covers
  2. When using a device is allowed
  3. Fines, points and driving bans for phone offences
  4. How a phone offence is proved
  5. How the allegation can be challenged
  6. What to do after a phone offence

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).

Mobile phone at the wheel – standard penalties
OffenceFinePointsDriving ban
Motorist using a device€1001–
… endangering others€15021 month
… causing property damage€20021 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

  1. 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.
  2. Write down what you remember. Where was the phone, was the engine running?
  3. Watch the deadline. Once a fine notice (Bußgeldbescheid) is served, you have two weeks to lodge an objection.
  4. Get the file. Your lawyer requests the complete file, including the report and photos.
  5. 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.

FAQ

Quick answers

Answers to the questions we are asked most often on this topic.

How much is the fine for using a phone while driving in Germany?

Drivers pay €100 and receive one penalty point in Flensburg for prohibited use of a phone or other electronic device. If others are endangered it is €150, with property damage €200, each with two points and a one-month driving ban. Cyclists pay €55 without a point. Administrative fees are added.

Can I use my phone at a red light in Germany?

Only if the engine is completely switched off. German rules expressly state that an automatic start-stop shutdown is not enough. Using a hand-held phone at a traffic light while the engine is running or has stopped automatically costs €100 and a point.

Is it legal to use my phone as a sat nav in a holder?

Yes, as long as the phone sits in a fixed holder and you neither pick it up nor hold it. You may glance at the screen or tap it briefly if traffic, visibility and weather allow. Longer operation, such as typing a new address while driving, is not allowed even in a holder.

I drive with a foreign licence – does a German phone fine affect me?

Yes. The fine and the penalty point are imposed regardless of where your licence was issued, and the point is recorded in the German register in Flensburg. If a driving ban is imposed, you may not drive in Germany during the ban, even with a foreign licence. Leaving Germany does not end the proceedings.

I was driving a rental car. What happens now?

The authority first contacts the hire company as the registered keeper. The company passes on your details, and you then receive a hearing letter or witness questionnaire, often weeks later. Many hire companies also charge an administrative fee. Give your personal details, say nothing about the facts until the file has been checked, and watch the two-week deadline for any fine notice.

I only held the phone but did not make a call. Is that an offence?

A call is not required. Any use of a hand-held device is prohibited, including choosing music, checking the time or operating the navigation. Whether merely moving the phone without using any function is enough has not been settled conclusively by the courts. What counts is what the officers specifically observed and wrote down.

The letter is only in German. Should I appeal a phone fine?

Official letters in Germany are written in German, and deadlines run regardless of whether you understand them. Whether an appeal makes sense depends on the evidence, which only the file reveals. Mr Sigal advises in English, reviews the file and gives you a realistic assessment before you decide.

Received a fine notice? You have 2 weeks to appeal.

The deadline runs from the delivery date stamped on the yellow envelope (§ 67 OWiG). If it ends on a weekend or public holiday, it moves to the next working day.

Check my deadline

Contact

Got a fine notice? Let’s talk.

Tell us briefly what happened – calling is fastest. Please have your fine notice, hearing letter or accident report to hand.

+49 30 86 20 12 40
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Rechtsanwalt Aleksander Sigal
Wittelsbacherstr. 21
10707 Berlin-Wilmersdorf, Germany
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