Using a phone while driving in Germany
German law does not ban calls as such; it bans picking up or holding the device and any glance longer than a brief one.
Checked by Radif Partners · Editorial policy · Method
Phone at the wheel: what it costs
Total including fees
€128.50
| Standard fine | €100 |
| Points | 1 |
| Driving ban | none |
Using a mobile phone while driving in Germany costs 100 euros and one point in the Flensburg register if you pick it up, hold it or look at it for more than a brief glance. If someone was endangered the fine is 150 euros, with property damage 200 euros, both with 2 points and a 1-month driving ban (Fahrverbot). Because the basic fine is above the warning-fine limit, a formal notice always follows, bringing the total to €128.50 with fees. Section 23(1a) of the Road Traffic Regulations (StVO) allows a device in a holder to be used by voice or with a short glance suited to the traffic. A stopped car is exempt only with the engine fully off; automatic start-stop does not count. The rule covers sat navs, tablets and built-in touchscreens too. Cyclists pay 55 euros with no point. For new drivers on probation, it is a serious A offence.
The legal test in plain English
Section 23(1a) StVO covers any electronic device used for communication, information or organisation. The text lists mobile and car phones, touchscreens, tablets and laptops, sat navs, televisions, video players and audio recorders, and adds entertainment electronics. A driver may use such a device only if both of these are true:
- the device is neither picked up nor held, and
- it is used only by voice control and read-aloud functions, or operating it needs only a brief glance suited to the road, traffic, visibility and weather.
The law gives no number of seconds. A glance that is acceptable on an empty country road in daylight can be too long in rain on a busy ring road. Video glasses and other head-worn screens are banned outright while driving. A head-up display projected into your field of view is allowed for information about the vehicle, road signs and the journey.
If you come from a country where hands-free rules are looser, the key difference is "held". In Germany, even lifting the phone to check who is calling counts. Many rental cars come with phone holders or screen mirroring; using them is the simplest way to stay within the rule.
The fines
| Offence | Cat. no. | Fine | Points | Ban | With fees |
|---|---|---|---|---|---|
| Device used unlawfully while driving | 246.1 | €100 | 1 | none | €128.50 |
| endangering others | 246.2 | €150 | 2 | 1 month | €178.50 |
| causing property damage | 246.3 | €200 | 2 | 1 month | €228.50 |
| while cycling | 246.4 | €55 | 0 | none | €55.00 |
The fees in the last column come from Section 107 of the Administrative Offences Act: five per cent of the fine with a minimum of €25, plus €3.50 for delivery. If the authority finds you acted deliberately, Section 3(4a) of the fine catalogue ordinance doubles any fine above €55, so the basic case would become €200.
The exemptions
Section 23(1b) lists the situations where the rule does not apply:
- a stationary vehicle, and for a motor vehicle only with the engine completely off. The law states that automatic engine shut-off and a resting electric drive are not "off";
- an alcohol interlock that requires you to hold a handset to blow into it;
- trams and scheduled buses standing at a stop.
The glance limit also does not apply to screens used for reversing or parking at walking pace, or to camera systems that replace or supplement mirrors. Waiting at a red light with the engine running is not an exemption, and neither is a traffic jam. If a call cannot wait, pull over somewhere safe and switch off.
Points, probation and the register
The basic offence brings one point and the cases with a ban two, under annex 13 of the Driving Licence Ordinance. A point expires two and a half years after the decision becomes final. Combined with a speeding entry or two, a phone offence can quickly take you to four points and a written reminder; the guide to Flensburg points explains the stages.
During the 2-year probation (Probezeit) that starts with a first licence, phone use at the wheel is an A offence under annex 12. One notice is enough for a compulsory remedial course and 2 more years of probation. This also applies to people who moved to Germany with an EU licence less than two years old. The probationary licence page describes the following steps.
Everyday situations
Smartwatches
A watch on your wrist is not held, but the glance rule applies. Reading a message on a small screen easily takes longer than a brief look.
Speed camera warning apps
A separate rule, Section 23(1c), forbids devices that warn of or interfere with traffic enforcement. On a smartphone, the warning function may not be used while driving. The fine is €75 plus one point under number 247. Navigation apps that show cameras are common abroad, so it is worth checking the settings before driving in Germany.
Passengers
The rule binds the person driving. A passenger may use a phone freely and can read out directions or answer a call for the driver, which is the easiest solution on long trips.
Setting up before you leave
Most phone fines happen in the first minutes of a trip: a destination typed at the first junction, a playlist chosen at the first red light. Entering the route, starting the audio and switching notifications to driving mode before pulling away removes the temptation. Mount the holder where it neither blocks your view of the road nor sits in front of an airbag. On a long Autobahn drive, the service areas (Raststätten) every few dozen kilometres are the legal place to answer messages, with the engine off.
Work phones, tablets and delivery apps
There is no exemption for work. A tablet with delivery addresses, a handheld scanner or a company phone falls under the same rule as a personal smartphone. Confirming the next stop or reading a dispatch message while moving requires a holder and a brief glance or voice control. The fine always goes to the driver, not to the employer or the vehicle keeper, which matters for anyone working for a courier or a ride-hailing platform.
Driver assistance and automated driving
Section 23 leaves untouched Section 1b of the Road Traffic Act (StVG), which lets a driver turn away from the road while an approved highly or fully automated driving function is in control, provided they stay ready to take over when the system asks. Ordinary lane-keeping and adaptive cruise control are not such functions. Using the phone with these assistants switched on is the same offence as without them.
When there is a crash
If distraction leads to an accident, the catalogue fine is only one part of the outcome. Your motor liability insurer pays the other party but may, depending on the policy, seek part of the money back from you. Comprehensive cover (Vollkasko) can reduce payment for gross negligence unless the policy waives that, and German courts often classify looking at a phone while driving in that way. If someone is injured, prosecutors also look at criminal charges such as negligent bodily harm. For expats, the practical lesson is to read the gross negligence clause in a German car insurance policy, since it is a common point of difference with policies elsewhere.
Phone at the wheel: what it costs
Total including fees
€128.50
| Standard fine | €100 |
| Points | 1 |
| Driving ban | none |
How offences are detected and what follows
Most phone offences are spotted by police officers in traffic, sometimes from an unmarked car, and some appear on speed camera photos showing a phone in hand. If you are stopped, you must give your personal details; you do not have to comment on the accusation. A hearing form (Anhörungsbogen) and later a fine notice (Bußgeldbescheid) follow by post. You have 2 weeks from delivery to lodge an objection, which the law offers as a right; the fine notice page explains the process. Since July 2026 such an offence becomes time-barred after six months unless the period is interrupted.
The fine calculator shows the total for each variant, based on the official fine catalogue. If a ban applies, the driving ban page explains how to choose its start date and where to send your licence.