Listening to or recording WhatsApp voice messages while driving: a clear offence under German law

In Germany, listening to or recording a WhatsApp voice message while driving is considered a clear traffic offence if the phone is held in the hand or operated directly while the vehicle is in motion.

Why is it an offence?

According to § 23 (1a) StVO (German Road Traffic Regulations):

A driver may not use electronic devices that must be held in the hand while driving.

This includes:

• Tapping on a voice message to start playback

• Recording a new voice message

• Opening the message to listen or reply, as long as the phone is not fixed in a holder and not controlled solely via voice commands or integrated vehicle buttons

Situations that count as a violation

You will generally be fined if:

• You hold the phone in your hand to listen or record

• The car is stopped at a traffic light, but the engine is still running

• The phone lies on your lap, and you press the message manually

When can it be allowed?

Use may be considered legal if:

• The phone is in a fixed holder, and you use voice control only (e.g. “Hey Siri”, “Ok Google”)

• The vehicle is completely parked, and the engine is switched off (e.g. in a parking lot)

Expected penalties

If you are caught handling WhatsApp audio while driving, you may face:

• A fine starting at 100 €

• 1 penalty point in the Flensburg register

• Up to 150–200 € or more if you cause danger or damage

• A driving ban in cases of repeated offences or accidents

Conclusion

Under German law, WhatsApp voice messages are treated like phone calls:
If you use your phone in your hand while driving – even just to play a voice message – you are breaking the law.
To avoid fines and points, only use your phone via voice control systems or after a complete stop with the engine switched off.

The editorial team of this website strives to provide accurate information through intensive research and multiple sources. However, errors or incomplete information may still occur. Please treat the details in this article as an initial guide and always contact the competent authorities for binding, up-to-date legal information.