The biggest myths about driving

Blasting music while you drive or a quick glance at your phone – these and other distractions are common on German roads. But are they actually permitted? ERGO motor insurance expert Peter Schnitzler explains some of the most common misconceptions.

Eating and drinking: Not banned, but risky

Eating and drinking at the wheel are not explicitly prohibited in Germany. “However, anyone who lets themselves be distracted this way, fails to drive safely or even causes an accident is committing a traffic offence and risks a fine,” explains Peter Schnitzler, motor insurance expert at ERGO. Courts repeatedly stress that drivers must be in full control of their vehicle at all times – even if they happen to be taking a bite of a sandwich. It therefore makes much more sense to save snacks and drinks for a proper break.

The digital temptation: Smartphones and wearables

The law is very clear when it comes to using a mobile phone while driving. “Electronic devices such as mobile phones may only be used while driving if they are not being held in the hand,” says Schnitzler. Using devices that are fixed in place or mounted in a holder is allowed, provided the driv-er only takes a brief glance at the display and keeps their attention on the road. “This applies not only to smartphones but also to smartwatches and wearables,” adds the ERGO expert. Anyone who, for example, scrolls through messages or replies to one is breaking the rules. “Even though many newer cars are now equipped with level 2 driver-assistance systems, systems that can take over some steering, acceleration and braking, the driver must remain fully alert at all times,” advises Schnitzler.

Inappropriate clothing?

There is no specific regulation that bans certain types of footwear when driving – including high heels and flip-flops. “What matters is whether the driver can control the vehicle safely,” says the motor expert. If an accident happens because of unsuitable footwear, this can be regarded as a breach of the duty of care. The consequences may include fines and, in the worst case, potential issues with insurance cover on the grounds of gross negligence. As a general rule, driving in a cos-tume, with a wig or make-up is fine as long as the vehicle is handled safely. Wearing full-face masks, however, is prohibited because your face must remain recognisable for identification pur-poses.

Entertainment yes, full volume no

Loud music or headphones in the car are generally allowed, as long as warning signals such as horns and sirens can still be heard. Noise-cancelling headphones are also not explicitly banned. But anyone who, for example, fails to notice an emergency vehicle is committing a traffic offence, risks a fine and puts themselves and others in danger. In addition, distractions such as constantly skip-ping tracks, frequently operating streaming apps or in-car entertainment systems may be regarded as a failure to pay sufficient attention to driving.

When distraction has legal consequences

Safe driving means being in technical and physical control of the vehicle at all times, in such a way that nobody is put at risk or unnecessarily obstructed. Distractions such as eating, using a mobile phone or loud music can therefore already be punished as a traffic offence, even if no accident oc-curs, as soon as they clearly impair safe driving. If there is an accident, the police and insurers will investigate whether distraction was a contributing factor. Depending on the case, drivers may face fines, points, criminal proceedings and reductions in, or even recovery of, payments from their mo-tor insurance provider due to gross negligence.