OVG has decided! Section control / section control legal!

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Section Control Section control speed camera judgment OVG has decided! Section control / section control legal!

After a yearlong legal dispute over the "Section Control" systems, the so-called section control, the decision of the Federal Administrative Court is now available. The section control is legal. In detail, it currently looks like this: It affects speeders in the vicinity of Hanover, where route radars with the name "Section control" stand. This can be found in a press release from the state of Lower Saxony. Several courts have dealt with the section control. The legality of the section control has now been decided at the federal level. In 2019, proceedings were initiated to review the previous court decision. The Lüneburg Higher Administrative Court had previously dealt with the matter.

Speed ​​over a distance of 5 kilometers

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With the section control, the speed is recorded selectively over a longer distance. It is therefore more reliable than a single measurement. Several control devices that measure the speed of a car are set up over a distance of around five kilometers. The average is then calculated from all values. Section control is already used in many countries. Mostly in places that are risky and have a high accident rate.

Conventional speed cameras only measure at one point

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The state of Lower Saxony presented the "Section Control" system in a press release. In contrast to conventional speed cameras, the section control does not measure selectively, but over a certain distance. At the beginning and at the end of the route, a camera takes photos of the rear. Every picture has a time stamp. The time difference and the length of the measured section give the average speed. So you can possibly determine an excessive speed. The state of Lower Saxony rates the new technology as an advantage for authorities: the section control is fairer because it is more likely to be accepted. Because drivers keep to the specified speed over the entire monitored area, the section is harmonized. The section control on federal highway six near Hanover has been in operation since the end of 2018. So far, no further section control systems in the Federal Republic are in operation.

Data protection requirements

The topic was that the automatic recording of all license plates by optical character recognition (ANPR) interferes with the informational self-determination of the motorist. If there is no corresponding initial suspicion, the encroachment on fundamental rights would not have been justifiable. In order to meet data protection requirements, the character string is encrypted with a cryptological hash function. It is therefore not possible to draw conclusions about the identifier when reading out the data record. Subsequently, only the calculated hash values ​​at the entrance and exit cross-sections are compared with one another. Photos of the entrance and exit cross-section, on the other hand, are anonymized, encrypted and deleted as soon as possible. But only if there is no speed violation. During the measurement, no conclusions can be drawn about the vehicle or personal data. If the car has been too fast, however, a further photo is taken from the front at the end of the controlled section of the route for the fine, as with previous radar controls.

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Of course that had not been the case.

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