DHe held a cell phone at the wheel, subject to a fine, not necessarily requiring the use of hands. According to a decision by the Cologne Higher Regional Court published on Wednesday, a mobile phone can also be fined between your ear and shoulder while driving. (Ref. III-1 RBs 347/20)
In the current case, a female driver was flashed with a cell phone stuck between her shoulder and head. The woman also admitted that she was on the phone. However, before starting the trip, he had already wired the phone between his ear and shoulder, which is why it was not a question of “holding” the forbidden cell phone within the meaning of traffic rules, Which eventually required holding it in hand.
However, the OLG Senate did not follow suit. Trapping cell phones is not an inconsistent risk capability, which should be prevented by regulation. Because there is a risk that the mobile phone may come loose from its “holder”. This can lead to involuntary reactions to the driver, for example, by trying to prevent the cell phone from disappearing into the footwell of the vehicle.
To counteract this risk, the driver will “devote a portion of his attention to his mobile phone that would otherwise be directed to the traffic situation”. This circumstance also distinguishes the use of mobile phones from hands-free devices in which the driver does not have to worry about the stability of the holder.
