Germany has no general law banning vaping in a car — not even with children on board. That surprises most people who ask. But a ruling from the Higher Regional Court of Cologne in September 2025 changed the practical picture for anyone using a modern device, and it is the part drivers actually get fined for.
The basic position: vaping while driving is legal
There is no specific federal prohibition on vaping at the wheel. What the vapour does to the air inside a sealed car is a different question, covered by the evidence in our guide to second-hand vapour. The Road Traffic Regulations (StVO) contain no clause about e-cigarettes, and German tobacco law does not address vehicle use at all. Smoking a conventional cigarette while driving is likewise permitted.
That means the legal question is not "may I vape" but "am I in proper control of the vehicle." Everything below follows from that single principle.
The 2025 Cologne ruling: touchscreens count as electronic devices
In September 2025 the Oberlandesgericht Köln (case III-1 ORbs 139/25) upheld a fine against a driver who had been pulled over on the autobahn. Police believed he was using a phone; he was in fact adjusting the vapour output on a touchscreen e-cigarette.
The court ruled that a vape with a touch display falls under § 23 (1a) StVO — the same provision that governs smartphones — because operating it requires holding the device and looking away from the road. The result:
| Action behind the wheel | Status in Germany | Penalty |
|---|---|---|
| Smoking a conventional cigarette | Permitted | None |
| Inhaling from a vape, no screen interaction | Permitted | None |
| Adjusting settings on a vape touchscreen | Prohibited under § 23 (1a) StVO | €150 and one point in Flensburg |
| Refilling liquid while driving | Risk of gross negligence | Liability for accident costs |
| Throwing pods or packaging out of the window | Littering offence | €10-25 |
The practical takeaway: configure the device before you start the engine, then leave it alone. A simple puff-to-fire disposable, which has no screen and needs no adjustment, sits outside the ruling entirely.
Children in the car: legal grey zone, social certainty
Germany does not currently ban smoking or vaping in a car carrying minors or pregnant passengers at federal level. Several federal states have moved toward state-level bans, and the direction of travel is clearly toward restriction rather than away from it.
Two things are worth separating. Legally, the current position is permissive. Practically, public expectation has moved well ahead of the law, and the advice from motoring organisations is consistent: do not vape with children in the car. If you do, ventilate.
Other European countries are already far stricter, which matters if you drive across borders:
- Greece: fines up to €1,500 for vaping with children under 12 in the car
- Italy: over €100 for vaping with children or pregnant passengers
- Cyprus: fines for vaping with children under 16
- France: fines up to €68 with children present
Other in-car rules worth knowing
Visibility. Excessive vapour that clouds the windscreen can be treated as a preventable safety hazard, in the same category as an obstructed view. Vent or wait.
Cold weather. A cold device left in the car overnight performs poorly and can leak when it warms up — the behaviour is covered in our article on vapes in cold weather, and the leak mechanism itself in why vapes leak.
Heat. A device on a dashboard in summer is both a leak risk and a genuine battery risk. Never leave a vape in direct sun, and never charge one in a hot car. The battery safety guide explains the thermal limits.
Where you can vape once you arrive
In-car rules are separate from the indoor rules that vary by state. Bavaria is the strictest; Berlin and several other states permit vaping in venues that allow smoking. Public transport, federal buildings, schools and most hotels ban it outright. Our state-by-state breakdown in where you can vape in Germany covers the differences, and the TPD rules explainer covers which products are legal to carry in the first place.
Frequently asked questions
Is it illegal to vape while driving in Germany?
No. Simple vaping while driving is legal. It becomes an offence only when you operate a touchscreen device while the vehicle is in motion, which carries a €150 fine and one point.
Can police fine me for vaping with a child in the car?
Not under current federal law. Some states are legislating on traditional smoking in cars with minors, and the legal position is expected to tighten. Avoid it regardless.
Does the touchscreen ruling apply to a cheap disposable?
No. A device with no screen and no settings cannot be "operated" in the sense the court meant. The ruling targets hardware interaction, not consumption.
What if I cause an accident while refilling?
Refilling while driving is likely to be treated as gross negligence, which means you can be held liable for the resulting costs. Pull over.
Do the same rules apply in Austria and Switzerland?
No — each country sets its own traffic and tobacco rules, and the border-crossing picture is covered in our guide to Austria and Switzerland.
Anything else I should do before a long drive?
Charge fully, store upright with the mouthpiece up, and take a spare. If you are driving through very cold conditions, keep the device in an inside pocket rather than the glovebox. Our storage guide explains why orientation and temperature matter more than most people expect.
