Mobile telephone - the use while driving is always order adverse

Woman barrister Vlachou, Giessen (openPR) - the OLG Jena had to 31.05.2006 on the question to decide whether by using a mobile telephone as dictating machine an irregularity i.S.d. StVO i.V.m. StVG is fulfilled. In the available case the SIM map was taken from the mobile telephone and it was suitable no longer for telephoning.

The OLG affirmed this question.

The legislator did not limit the legal text going by that an irregularity is to be present only if the mobile telephone is while driving only used as telephone, but the legislator speaks in the legal text of „use “of the mobile telephone actually. „Using “includes however each intended use of the mobile telephone and thus apart from the telephone call all remaining control functions, like a selecting, the letter and dispatching of SMS or a calling up of data, using as Organizer and evenly also the use as dictating machine etc.

With the use prohibition of a mobile telephone while driving - without free speech mechanism - the legislator had the intention that the driver was to dedicate and to him for it also both hands for the actual driving task to be available be supposed its complete attention of its driving task.

The use of a mobile telephone requires contrary to other activities, with which likewise the hands are however not used otherwise (like e.g. radio use, smoking, drinking, meal), which are forbidden, typically a very much higher measure of concentration and accompanies with a substantially more intensive diverson. For these reasons the Handyverbot is constitutionally harmless to tax and does not offend also against the equal treatment principle that these other activities are not forbidden.

Franc Velten Vlachou swing Haub - attorneys in office community
Woman barrister Anna-Maria Vlachou
Rodheimerstr. 95
35398 pouring
Fon. 0641-9607441 fax. 0641-6868899
Email: vlachou@anwalt-fvvs.de
Homepage: www.anwalt-fvvs.de

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