A recent court ruling has made it clear: Section 23 of the German Road Traffic Act, the so-called "mobile phone paragraph", also applies to mobile reading devices. What drivers, vehicle experts and workshop owners now need to know.
Section 23 of the German Road Traffic Act (StVO) states that electronic devices for communication, information or organisation may only be used if they are neither taken in hand nor held. Commonly known as the 'mobile phone paragraph', it relates in particular to the use of mobile phones. But not exclusively.
The 'mobile phone paragraph' also applies to mobile diagnostic devices
The Higher Regional Court in Schleswig has now decided: These paragraphs also include mobile test diagnostic devices used during travel to identify faults on vehicles. In the case in question, a vehicle mechanic was holding a mobile reading device while driving in a customer vehicle to identify a fault in the vehicle. The local court ruled that this use of the mobile reading device violates section 23 (1a) and imposed a fine of €100.00.
The reason given by the court: The use of such a device during travel involves a risk of distraction and reduces the concentration of the driver on the road. The prohibition of the use of electronic devices at the wheel is not restricted to personal devices of the user, but refers to all electronic devices used for information purposes.
One thing is clear: The use of mobile diagnostic devices during travel is prohibited
Meaning: The use of mobile diagnostic devices while driving on public roads is prohibited, is regarded as a violation of the German Road Traffic Act (StVO) and can therefore incur fines or penalties.
If fault diagnosis has to be carried out during travel, vehicle mechatronics engineers should therefore take another employee along to operate the diagnostic devices. Alternatively, diagnostics can also be carried out in non-public traffic areas or on shut-off test sites to ensure that no traffic rules are violated and that there is no risk to road safety.
Recommendations for workshop operators
Workshop operators should raise awareness for the risks and legal consequences of using mobile diagnostic devices while driving among their employees. Training or further education for employees can also be helpful to inform them of the correct use of diagnostic devices and to ensure that the regulations are complied with.
Workshop owners should also ensure that test drives with a mobile diagnostic device are either carried out by two employees, with one driving the vehicle and the other operating the diagnostic device, or that the journey takes place on a non-public traffic area or on a shut off test site.
Source: (Higher Regional Court Schleswig ruling 28/03/2023 – II ORbs 15/23)
