When operating the windshield wiper costs a fine

Drivers are not allowed to use their mobile phones in their hands – that is a well-known fact. But other things may not always be used while driving.

Drivers are only allowed to operate a permanently installed touchscreen in the car if a quick glance, adapted to the road and weather conditions, is sufficient. Everything else is punished similarly to a cell phone violation – even if touching the touchscreen affects the setting of certain functions of the car. This shows a judgment of the Higher Regional Court (OLG) Karlsruhe (Az.: 1 Rb 36 Ss 832/19).

Since such a screen has many functions, it does not matter whether the windshield wipers should be controlled or something else, the OLG ruled. Such devices may only be used under the conditions of the road traffic regulations – for example via voice control or a read-aloud function – or only in connection with a short glance adapted to the road, traffic, visibility and weather conditions.

Thus, the use of permanently installed devices, in contrast to the operation of electronic devices in the hand, is not strictly prohibited. However, one must not allow oneself to be distracted.

The case in question concerned a driver who was driving in the rain. His windscreen wipers could be switched on and off on the steering wheel. But in order to increase the intervals, the man had to call up the submenus of the touchscreen built into the center console. This distracted him so much that he went off the road in a straight line.

The district court then sentenced the man to a fine of 200 euros and a month’s driving ban for illegal use of an electronic device. The man defended himself against this, because he rated the touchscreen as a security control panel.

But the Higher Regional Court of Karlsruhe confirmed the district court’s verdict. For the distraction, it makes no difference what purpose is being pursued with the electronic device – in other words: It doesn’t have to be just about communication or navigation.