tuningblog.eu Your magazine about tuning the car
Driving too fast and flashed? Here you can find out everything about the Raw measurement data of Radars, as well as the latest BVerfG judgment and all of them receive Information like you against one Speed camera judgment objection can raise. Recently the Federal Constitutional Court through a Verdict the rights of flashed motorists clearly improved. That is quite something! When was the last time anything was made for the driver improved? Long ago! But how can already flashed Road users react now to the judgment? According to the judgment (Ref .: 2 BvR 1616/18) of the Federal Constitutional Court from 15 December 2020 Every driver who has doubts about the speed camera is entitled to Raw measurement data of the affected radar device check to be allowed. Only with this right could be a fair Proceedings are conducted against those affected.
Experts welcome the judgment of the BVerfG
Traffic law experts and specialist lawyers for traffic law applaud the verdict of the Supreme Court. According to you, it is very much enjoyablethat it has now been confirmed by the highest instance that motorists are accused of a Speeding through an unknown black box don't just have to accept, Due to the Investigative principle would have to take any measurement under dishes anyway Inclusion of all facts check. In addition, could lawyers possibly also corresponding Evidence apply for to the validity the punishment comprehend to be able to. But whether now Fines or Court decisions by the decision again rolled up experts consider it questionable because one incorrect measurement first demonstrated should be, which in the past still has to be nie was possible.
Judgment is based on a case from 2017!
The affected driver should be loud Radar device highway 30 km/h been traveling too fast and was therefore subject to a penalty of 160 Euros and the loss of license for one month occupied. There in the Investigation file but relevant details were missing, the person concerned went to court against the Speed camera judgment in front. With the judgment of December 15, the complaint was rejected by the Constitutional Court granted and thus the rights of motorists strengthened.
Before the verdict of the BVerfG, the person concerned had already received two defeats in court!
Although the concerned man and his lawyer after a Compliant at the responsible Office for administrative fine Insight into that measurement protocol and Measurement result, as well as in the Manual and Calibration certificate of Radar device you got insight into that Life record of Measuring device and the related ones Raw measurement data refused. They then brought an action at the competent local court in Hersbruck (Franconia). But the lawsuit remained erfolglos, since according to the judge it is a standardized measuring method acted, the measuring device was faultless calibrated was and from trained staff after the Guidelines used by the manufacturer. The Lord then filed another complaint with Higher Regional Court Bamberg a. But also that OLG dismissed the lawsuit ab. As a last resort raised that Federal Constitutional Court previous decisions and handed the case back to the District Court.
Only with solid evidence can be taken against a speed camera judgment
According to the Federal Constitutional Court should that Fine proceedings by virtue of the multitude of violations be handled easily. Besides, nobody should with no concrete evidence the accuracy of the measurement to doubt can. However, the BVerfG granted those affected the right to information outside of their files check to be allowed. Should then concrete evidence for a incorrect measurement exist, it is in the hands of the court to determine the violation decide. In order to be able to pass a judgment, the court can call on the help of a Experts To fall back on. That means only one claim There is still no reason for a judicial investigation, a concrete one first Evidence be submitted.
Most of the measuring devices do not save any raw measurement data
In the case concerned, the Speed measuring device of PoliScan SM1 from Vitronic used. This model, like other measuring devices, has come under heavy fire as these devices no raw measurement data to save. The Constitutional Court des Saarland decided in 2019 that the model Traffistar S350 no longer to speed measurement May be used until the manufacturer of the device, the Jenoptik company Software update has executed.
Of course that had not been the case.
tuningblog.eu has a lot of other articles on the subject of auto & tuning in stock. Do you want to see them all? Just click HERE and look around. But also planned changes in the law, violations in road traffic, current regulations in the field of STVO or on the subject inspection we would like to inform you regularly. Everything you can find in the category "Test sites, laws, offenses, information". Following an excerpt of the last information:
|
ABE or parts certificate? What is the difference?
|
Judgment: Cut-off device for diesel cars banned by the ECJ!
|
Towing costs: when they do NOT have to be paid by the wrongdoer!
|
"Tuningblog.eu" - we keep you up to date on the subject of car tuning and car styling with our tuning magazine and we present you the latest tuned vehicles from all over the world every day. It's best to subscribe to ours Feed and will automatically be informed as soon as there is something new about this post, and of course also to all other contributions.
