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Recently updated on October 26, 2021 at 09:48 am
The speed camera apps from Blitzer.de, Radar, TomTom, Radarbot & Co., which are popular among motorists, have been a thorn in the side of politicians for some time. These warn vehicle drivers well in advance of places where the overpriced photo machines are lurking. According to Section 23 of the Road Traffic Act, it is true that up to now no device was allowed to be operated or carried in a ready-to-operate manner that was intended to display or disrupt traffic monitoring measures, but the formulation was very vague. Since the apps already mentioned have not yet been explicitly mentioned, users could argue that the smartphone is not a device primarily designed for traffic monitoring purposes. In order to put an end to this sophistication, the Federal Council should vote on a corresponding amendment of the legal text at the end of last year. Due to ambiguities at federal level, the decision was finally postponed to mid-February 2020.
Speed camera apps explicitly included
Since February 14th, users of speed camera apps have been explicitly addressed in §23: Vehicle drivers may "Do not use speed camera apps, e.g. on smartphones or in navigation systems, while driving". This probably also includes the speed camera reports from Google Maps, although they are not a separate "speed camera app". It is not certain when the ban will actually come into force. According to the Federal Ministry for Transport and Digital Infrastructure, this should happen "as quickly as possible". The question arises as to how the police would like to check whether such apps have been used: Checking the cell phone without a given reason is (so far) illegal. In addition, the mere installation of the speed camera apps does not constitute a violation, which is why the mere presence of them on the cell phone of a "suspect" does not mean that he has actually used them.
Gap in the law for the passenger?
Section 23 of the StVo also does not deal with the use of speed camera apps by a passenger. Since we are only talking about “vehicle drivers”, passengers are theoretically still free to use the apps and warn the driver of impending fines. But even if the co-drivers were mentioned, it would still be questionable how a violation could be detected by the police in a specific case. Again, the only option would be to illegally check the passenger's cell phone. From the listed complications it can be seen that the policy of using speed camera apps will probably not end even with the amendment of §23.
possible scenarios
- the smartphone is locked using a PIN or fingerprint. A suspect does not have to use evidence against himself. Who unlocks the smartphone?
- the smartphone belongs to the passenger, who can ultimately install apps as he wants. What does it look like here?
- Phone switched off! Simply using voice input such as "OK google" it is possible to switch off the smartphone. If you get into a control, it would turn off without reaching for the smartphone to have to done in a few seconds. If a speed camera app is installed on the deactivated phone, where is the problem?
- Small additional tools like ooono or saphe, Such an external device is connected to the smartphone and only then ready for use. Is the smartphone turned off again (which via OK Google, Alexa or Hey Siri is possible at any time) the external device cannot be used. So what?
- More information on this topic can be found in our article "Speed camera apps: what is an offense, what is allowed?"
better just stick to speed limits
Nevertheless, it is advisable not to provoke a fine. Instead, it is better to stick to speed limits and use the traditional alternative of radio reports about the locations of the radar detectors. These remain unaffected by the change, since - unlike the extremely precise apps - they only provide approximate and short-term information about the location of the radar detector. Incidentally, anyone who hopes to get away with using the apps at least in other German countries will be disappointed at this point: The corresponding applications are also banned in Austria and Switzerland. In Helvetia there is even a one-month prison sentence. If we receive new information in a timely manner, there will of course be an update for this report. You will be informed of this if you simply use ours Feed subscribe to. Have fun watching the pictures and stay true to us!
PS: According to the judgment (Az .: 2 BvR 1616/18) of the BVerfG of December 15, 2020 Incidentally, every driver who has doubts about the lightning notice is entitled to the Raw measurement data of the affected radar device. More about the verdict can be found here.
Of course that had not been the case.
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