Just two months after the arming of the country’s first range radar in Hanover, the new Blitzer to the administrative court is put to the test.
it Is permissible to record the license plates of all motorists, to control a speed limit on a long stretch of road, is the question to the judge in Hanover. It’s no easy decision, because the plaintiff relies on a judgment of the Federal constitutional court from February, as a result, the Capture of all car determination is indicator by the police, for control purposes, an impermissible interference with the fundamental right to informational self.
How does the range radar?
also known as Section Control described radar system does not capture the speed at one point. Instead, they determined the average speed on a longer mostly accident-section, pregnant, where motorists off the Gas to go. The data collected from the vehicles keep to the speed limit, will be deleted immediately. In neighbouring countries such as Belgium, Austria and the Netherlands, Section Control is already used successfully for years.
Where is the plaintiff to be the Problem?
Even if the data of the rule will be deleted loyal to the driver immediately sees the applicant is already in the encrypted cache, the license plate numbers of all passing cars a massive intervention in the fundamental rights of the citizens. He refers to the Karlsruhe judgment for the automatic adjustment of number plates of all passing cars with suspect data by the police. This was partly unconstitutional, the court said. All in All, the rules can still remain in power they must, however, be no later than the end of 2019 improved.
What says the Ministry of the interior?
The Ministry of interior in Hannover, holds the trial operation of the radar system on the B6 in the Laatzen district of Hanover. The new lower Saxony police and law and Order (NPOG) to be decided in may, will provide a legal basis for long-term operation of the radar after the testing phase.
you Can forbid the court the operation of the Section Control system immediately?
The administrative court would decide on Tuesday on an application for a temporary injunction and in the main proceedings. Against the rush decision to file a complaint and against the main decision is expected to be a vocation. Thus, the dispute in the next instance would land at the higher administrative court in Lüneburg. Until a decision is reached there are a few months pass expected.
How many speeders were caught from the range radar?
a 2.2 km long section of national road 6 is Monitored in Laatzen near Hannover, the 15 to 500 cars a day to pass and on which there was, in the past, serious accidents. Since the Start of the test operation 141 speeders were caught. Section speed 100, the fastest rushed with the pace of 189 by the control.
And if the range radar is at the end of inadmissible, returned caught motorists later your fine?
no. If the person Concerned has lodged an appeal against a penalty notice, no complaint, and the penalty paid, the procedure is completed.
What are the experiences in Belgium, where the track radar is already used for a long time?
In the Flemish part of Belgium, studies have shown that sections with range radar, the number of speeding motorists drops. The number of accidents decreases before and after the monitored area. In addition to fixed installed section controls, in Belgium there is also a mobile section of controls, such as on construction sites. Because of the good experiences, the number of the track radar sections should be expanded, they should replace stationary cameras. While motorists braking suddenly and then back on the Gas, the “Trajectcontrole” according to the Belgian experience, for a smoother flow of traffic and a calmer traffic situation.