In August 2019, the district court in Karlsruhe ordered a Tesla to ban driver a of driving because of this operated during the travel of the touch screen of the Tesla and the result of an accident caused.
The man was lost in March of last year in the evening of a state road, an embankment, and then against several trees hazards. In the opinion of the courts of this happened because he “has used the festival next to the steering Wheel on the center console of a vehicle installed touch-screen (Touchscreen) (), so that the intervals of the already due to heavy rain turned on windshield wiper set. Due to unmatched Glance to the screen and the associated view of averting from the road, the Affected with the wet track and heavy rain, however, came from the roadway to the right”.
Tesla: the Monitor is a No-Go
The driver is fiddling with that, trying not to the rain Song set, but a technically necessary control action. The district court in Karlsruhe ordered the driver, however, because “unlawful use of an electronic device according to § 23 Abs.1a StVO” ban to a fine of 200 euros and a month of driving. It was the end of BMW and Co? New Tesla on the Autobahn-Test FOCUS Online Driving here is the end of BMW and Co? New Tesla on the Autobahn-Test
Since the driver was not willing to accept this judgment, landed the case before the higher regional court (OLG) of Karlsruhe. As the lawyer Detlef Burhoff reported on his Blog, has confirmed the judgment of the district court that the court of appeal and thus not appealable.
windshield wiper only on the Monitor adjustable
The guiding principle of the judgment it is stated: “The fixed in-vehicle brand Tesla built-in touch screen (touch screen) is an electronic device within the meaning of § 23 Abs. 1a, p. 1 & 2 of the Traffic regulations, the operation of which is permitted to the motor vehicle driver under the conditions of this provision, without that it comes down to it, what is the purpose of the vehicle driver with the operation followed. Also, the setting of the operation of the motor vehicle necessary functions using the touch screen (here: setting of the wiping interval of the windscreen wiper) is permitted only if this is connected with a short, road, traffic, visibility and weather conditions, custom Glance to the screen at the same time corresponding gaze avert from the road”. Reuters / Tesla pushed To the extreme: in addition to a large Monitor in the Cockpit of the Tesla Model S has only two buttons – one for the hazard lights, the other to Open the glove compartment.
The Dilemma of the Tesla driver: He had no other option, the intervals of the windscreen wiper during the travel adjust. Be the Stromer has a lever on the steering column, here, the wiper can be but only on and off, not, however, be interval.
Need to rethink the Cockpit-developers now?
The ruling could lead to a rethink in the Design of vehicle interiors. Especially in the case of electric cars, the tendency in the last years, increasingly large and centralized touch screens in the vehicles, and, more and more vehicle functions, such as to implement the control of the music volume in the menus of the touch screens. With the use of the Software accompanying “a view of averting from the road” is, according to the court, however, simply too long to be considered really safe. Should make the judgment, therefore, the school could and should take place relatively quickly, a departure from this Trend.
This article was written by Tobias steel
*The contribution of “Hammer-verdict: Tesla drivers are likely to touch screen use while driving actually,” published by EFAHRER.com. Contact with the executives here.
EFAHRER.com
