Germany Considers Making Mobile Phone Use While Driving a Felony

Germany Considers Making Mobile Phone Use While Driving a Felony

zeit.de

Germany Considers Making Mobile Phone Use While Driving a Felony

Germany's Verkehrsgerichtstag proposes amending §315c of the Strafgesetzbuch (StGB) to include mobile phone use while driving as a felony, following an analysis of 474,254 accidents showing that ignoring right-of-way remains the leading cause of fatal crashes.

German
Germany
JusticeGermany TransportRoad SafetyTraffic LawsAccident PreventionDistracted DrivingMobile Phone Use
Udv (Unfallforschung Der Versicherer)AdacHochschule Der Polizei Rheinland-Pfalz
Ewald TernigKirstin ZeidlerPhilipp Schulz-Merkel
How does the analysis of accident data inform the debate on amending the §315c StGB, and what are the limitations of this data?
Current §315c, created in 1964, inadequately reflects modern traffic dangers. Analysis of 474,254 accidents by the Unfallforschung der Versicherer (UDV) shows that while ignoring right-of-way (28%) and improper lane changes (13%) are leading causes of fatal accidents, mobile phone distraction is difficult to quantify due to underreporting.
What specific changes to German traffic law are proposed to address the rising danger of distracted driving caused by mobile phone use?
The German Verkehrsgerichtstag recommends including mobile phone use while driving in the §315c StGB, the 'todsündenparagraf', which lists actions causing severe accidents. This would elevate the offense from a minor violation to a felony punishable by up to five years imprisonment or a fine, if it endangers life or property.
What are the potential long-term impacts of using black box data and driver-assistance technologies to improve road safety and address issues of evidence gathering in distracted driving cases?
The debate highlights the challenge of balancing stricter penalties with practicality. While higher fines or mandatory driver-assistance systems are suggested, the UDV proposes adding two points to the Flensburg driver's license record as a more effective deterrent than increased fines, based on research indicating this threshold discourages repeat offenses. Black box data from new cars could improve evidence gathering.

Cognitive Concepts

2/5

Framing Bias

The article frames the debate around amending the Strafgesetzbuch to include distracted driving as a central issue, giving significant weight to the views of traffic researchers and the Verkehrsgerichtstag. While presenting counterarguments from a traffic lawyer, the framing emphasizes the severity of distracted driving and the potential for stricter penalties, possibly influencing readers to favor a legislative change.

1/5

Language Bias

The article uses relatively neutral language, although terms like "Todsündenparagraf" ("deadly sins paragraph") and "Kavaliersdelikt" ("minor offense") carry some emotional weight. However, these terms are used within the context of the legal debate and don't significantly skew the overall neutrality. The article also accurately represents differing opinions without using loaded language to describe them.

3/5

Bias by Omission

The article focuses heavily on the debate surrounding amending the German Strafgesetzbuch to include distracted driving due to mobile phone use. While acknowledging the difficulty in statistically proving mobile phone use as a cause of accidents, the article omits discussion of other potential contributing factors to accidents beyond those listed in §315c, such as road conditions, vehicle maintenance, or driver fatigue. This omission could lead to an incomplete understanding of the complex causes of traffic accidents. The article also omits discussion of the effectiveness of public awareness campaigns or driver education programs in reducing distracted driving incidents.

3/5

False Dichotomy

The article presents a false dichotomy between stricter penalties (higher fines, imprisonment) and preventative measures (technology, education). It implies that choosing one approach excludes the other, overlooking the possibility of a combined strategy involving both stricter enforcement and proactive prevention. This simplification might limit readers' consideration of more comprehensive solutions.

Sustainable Development Goals

Peace, Justice, and Strong Institutions Positive
Direct Relevance

The article discusses amending the German traffic law to include distracted driving as a criminal offense, aligning with SDG 16 (Peace, Justice, and Strong Institutions) which promotes the rule of law and access to justice. Strengthening traffic laws and increasing penalties for reckless driving contributes to safer roads and reduces traffic-related deaths and injuries. The discussion about stricter enforcement and penalties for dangerous driving behaviors directly supports the goal of strong institutions and the rule of law.