It is not always logical in the traffic law. Example compliant? Who handled while driving with the phone, currently charged a fine of 40 euros and a point in Flensburg.
“The highway code is quite unique,” Henning Lüdecke lawyer of the law firm of LF says legal lawyers. In article 23, paragraph 1a of the regulations is regulated that the leader of a motor vehicle not may use a mobile- or car phone, if he must to keep it in your hand or take on. “This is also true if the car is, but the motor is running. So right ran drive and make calls, when the phone rings, is not sufficient. The engine must be switched off then. “, adds lawyer Lai. Also applies, that it is forbidden to make any use of mobile phones or car telephone: so also the writing or sending a SMS, music listen, navigation, etc.
However, this regulation refers just specifically on mobile and car phones and not on other devices, such as an MP3 player. “Also a main reason is that it may be unjustified accusations”, explains traffic law expert Laha. “Because who can differentiate an iPhone already at the first glance from an iPod? But only the use of the mobile phone is a punishable offence. “Such misperceptions are but a basis to proceed against a penalty charge notice. Best, the strategy in a particular case and to inspect the fine file can be set up. Requested only by a lawyer but this inspection can be. “, so Lai.
As soon as the amendment of the point system in the Flensburg transport sinners file enters into force, a more important meaning is breach of the cell phone ban on driving. Although there will be still a point in Flensburg for this, but: “The driver’s license is away at 8 points, which can be critical for frequent callers.”, warns lawyer Lai.
Road users here find legal advice: http://www.blitzerblog.de/themen/handy-am-steuer/
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