MidEurope (Germany): an information about the use of radio in rigs (so called microphone ban)

[El-Dracho]

An information, which is especially interesting for all members here based in Germany or those who travel Germany.

With the amendment of the German Road Traffic Regulations (StVO) in 2017, the so-called "cell phone ban" while driving was introduced. As part of the revision of §23 of the Road Traffic Regulations, a so-called "microphone ban" while driving was also regulated.

Due to a lack of suitable hands-free devices as a technical solution, there were repeated delays in the practical enforcement of the ban and transition periods. Radio experts also had doubts as to whether the distraction caused by using a microphone was comparable to operating a cell phone. A study was even conducted at a technical university. It was found that using the radio mike is not comparable with more complex, especially visual, secondary activities while driving. The effect on concentration while driving was described as comparable to making a phone call using a hands-free device while driving.

Most recently, the "microphone ban" was suspended until June 30, 2021, so this period has now expired.

I had researched this as part of activities as an editor and want to give you briefly the most important info here. Think that it is interesting for one or the other.

Since there are still not many ready to use technical solutions available in the market, it is intended that next year the corresponding passage will be taken out of the law again, so picking up the microphone of the radio is allowed in Germany again as before. Until then, the procedure will allegedly be similar to the previous one (no penalties/exceptions, etc.). For one of the German federal states, such an exemption, which is valid until June 30, 2022, is already circulating on the Internet.

Nevertheless, please make sure that safety and compliance with the regulations are always important, even when using the radio in the vehicle.

73 / have a nice day

Björn

 

[NotGumby]

Hi Björn , allegedly is the important word. Because the suspension expired in June, right now it is forbidden to use a “microphone” while driving. Is that correct? I understand the law may change next year, (perhaps another suspension of the implementation), but that hasn’t happened yet.

Is that how you’re reading it?

Thanks, Rick

 

[El-Dracho]

Hi Björn , allegedly is the important word. Because the suspension expired in June, right now it is forbidden to use a “microphone” while driving. Is that correct? I understand the law may change next year, (perhaps another suspension of the implementation), but that hasn’t happened yet.

Is that how you’re reading it?

Thanks, Rick

Hi Rick,

Please let me try to explain again - as far as I know:

• it is intended that next year the corresponding passage will be taken out of the law again
• until then, the procedure will probably be similar to what has been done so far. However, this is a bit complex, and we need to understand something about the federal structure in Germany. These exemption thing is a matter for the federal states and cannot be decided at federal level. For some federal states, there are already extensions of the exemption (just Google Baden Württtemberg e.g.). I read in an amateur radio magazine these days that there are also new exemption rules for Hamburg, Schleswig-Holstein and NRW.

Cheers, Björn

 

[NotGumby]

Hi Björn , allegedly is the important word. Because the suspension expired in June, right now it is forbidden to use a “microphone” while driving. Is that correct? I understand the law may change next year, (perhaps another suspension of the implementation), but that hasn’t happened yet.

Is that how you’re reading it?

Thanks, Rick

Hi Rick,

Please let me try to explain again - as far as I know:

• it is intended that next year the corresponding passage will be taken out of the law again
• until then, the procedure will probably be similar to what has been done so far. However, this is a bit complex, and we need to understand something about the federal structure in Germany. These exemption thing is a matter for the federal states and cannot be decided at federal level. For some federal states, there are already extensions of the exemption (just Google Baden Württtemberg e.g.). I read in an amateur radio magazine these days that there are also new exemption rules for Hamburg, Schleswig-Holstein and NRW.

Cheers, Björn

Hi Björn, so what you’re saying is that some states have a suspension (or similar) in place. For those states that don’t, and until they do, it is illegal to use a microphone while driving in that state.

Thanks, Rick.

 

[El-Dracho]

Hi Björn, so what you’re saying is that some states have a suspension (or similar) in place. For those states that don’t, and until they do, it is illegal to use a microphone while driving in that state.

Thanks, Rick.

That is correct because in §23 StVO - so the road traffic regulations that apply in Germany- the so called "microphone ban" while driving was regulated and as long as this passage is in there, it is so. The exceptions are a matter for the individual federal states. However, I assume that there will be these exemptions like in the past soon/ or that there will be no penalties like in the past - but I do not know of course - we will just have to wait and see.