Ihr kostenloser Branchen-Newsletter
Lassen Sie sich von unseren Fachjournalisten einmal wöchentlich über die wichtigsten aktuellen Entwicklungen der Taxi-Branche informieren, bequem direkt in Ihre Mailbox.
Aktueller Termin
Meist gelesen
Using a mobile phone while driving: Start-stop system does not protect against fines
A common misconception concerns the start-stop system, which automatically shuts off the engine to save fuel. As a recent case shows, this function does not exempt from the cell phone ban while driving.
The verdict: Start-stop system is not a complete shutdown
A driver in Berlin used his mobile phone at a red light while the engine of his vehicle was shut off by the start-stop system. He was observed doing this and was fined. The affected person argued that since the engine of his vehicle was no longer running, the cell phone ban under § 23 Abs. 1a StVO was not applicable in this case.
Neither the Tiergarten District Court nor the Berlin Court of Appeal shared this view. The latter confirmed the decision of the lower court and emphasized that the automatic engine shutdown by the start-stop system is not equivalent to a complete shutdown of the engine.
The legal basis: § 23 para. 1a and 1b StVO
According to § 23 para. 1a StVO, electronic devices such as mobile phones may only be used while driving if they can be operated without manual handling, for example, via a hands-free system. § 23 para. 1b sentence 1 no. 1 StVO stipulates that this prohibition only ceases to apply if the vehicle is stationary and the engine is completely switched off.
The High Court clarified that the start-stop system does not count as "complete switching off" within the meaning of the regulation. This regulation aims to minimize distractions from electronic devices as long as the vehicle is operational - even when stationary at a traffic light. Only manually switching off the engine lifts the prohibition.
Consequences for Drivers
Anyone who uses their mobile phone while the start-stop system is activated risks a fine and a demerit point in Flensburg. If other road users are endangered or an accident occurs, the penalties can be even stricter. The regulations are intended to ensure that drivers concentrate on traffic at all times and are not distracted by the use of electronic devices.
If the mobile phone ban is violated:
While driving a motor vehicle: €128.50 + 1 point
With endangerment: €178.50 + 2 points + 1 month driving ban
With property damage: €228.50 + 2 points + 1 month driving ban
These prices already include the nearly €30 processing fee that applies to each violation.
Additionally, it must be noted that accidents caused by mobile phone use at the wheel are not covered by every insurance policy.
Relevance for the Taxi and Rental Car Industry
Especially for taxi drivers who often rely on their smartphones or onboard devices to coordinate rides, this regulation remains of central importance. However, modern taximeters and hands-free devices offer legally compliant alternatives. Operators and drivers should ensure that technical devices in their vehicles comply with legal requirements to avoid legal consequences.
What is prohibited?
Prohibited are all electronic devices used for communication, information, or organization. Typically, this includes smartphones, but it also encompasses all other mobile phones, tablets, e-book readers, smartwatches, and more.
Generally, the device must not be held in the hand, regardless of the purpose. However, if the phone is in a specially designed holder or phone cradle on the dashboard, it may be briefly operated, e.g., to use a navigation app.
A smartwatch can be used as long as it is worn on the wrist and not held in the hand. However, only via voice control and reading function. This applies to all devices.
If one is called during the drive, one may answer as long as there is a hands-free device. Clamping the phone between the ear and shoulder to have both hands free does not count and is an administrative offense.
Even rejecting calls or quickly checking the time is prohibited. Only a dropped or inconveniently placed phone may be picked up and moved elsewhere.
The message from the courts is clear: Even with the engine off, the focus remains on traffic safety. A manual shutdown of the engine is the only exception that lifts the phone ban – a circumstance all road users should be aware of.
(KG Berlin, Decision of 09.09.2024, 3 Orbs 139/24 – 122 Ss Rs 32/24)
```Bu içerik Almancadan Türkçeye otomatik olarak çevrildi.
Taxi-Fahrzeuge (Pkw) , Taxi-Newsletter, Taxameter, Taxi-Fahrer , BZP – Deutscher Taxi- und Mietwagenverband , Straßenverkehrsordnung (StVO) , Krankenbeförderung , Weiterbildung , Taxi-Konzessionen , Verkehrspolitik , Mietwagenbranche , Taxi-Apps , Berufskraftfahrer-Qualifikations-Gesetz BKrFQG) , Taxizentralen , Personal, Gehälter, Arbeitsschutz , Wirtschaftsnachrichten , Werbung , Taxi-Folierung , Taxi-Umrüster , Straßenverkehr , Elektromobilität, Taxifuhrpark und -flottenmanagement , Taxi-Versicherungen , Hybrid, Diesel, Erdgas , Taxi-Magazin
