Legal loophole closed: This is what users of speed camera apps should know now.

Ban on speed camera apps! – The most important thing at the beginning:

If speeding drivers enjoy precise advance warnings, speed camera apps are a thorn in the side of law enforcement. Now an amendment to the law by the BMVI brings out a clear ban.

Controversial speed camera apps

Speed ​​camera apps have been a hot topic for several years. Of course, many smartphone users use this so that they can be warned in good time to avoid speeding fines.

Conversely, such apps are of course a thorn in the side of law enforcement. Speedy drivers would continue to drive too fast and only release their footing at the appropriate points. So speed limits obviously fail to serve their purpose.

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There has been uncertainty about the legality of this for a long time. a new regulation from the BMVI now brings clarity.

Regulations for the apps

A vote was supposed to take place by the Federal Council at the end of 2019, but there were still uncertainties at the state level.
A decision was postponed until mid-February. Among other things, the use of speed camera apps was a big topic here. The use of these apps such as blitzer.de was already prohibited, but they were not explicitly mentioned in Section 23 of the StVO. Here it just said:

“Anyone who drives a vehicle may not operate or carry a technical device that is intended to display or disrupt traffic monitoring measures. This applies in particular to devices for disrupting or displaying speed measurements (radar warning or laser jamming devices).”

In case of doubt, a speeder could still state that a smartphone offers the possibility of displaying traffic monitoring measures, but is not intended for this purpose, as this is not the primary purpose of the device.

Explicit ban on speed camera apps

In the amendment dated February 14th, paragraph 23 now explicitly states that “vehicle-guided speed camera apps, e.g.
B. on smartphones or in navigation systems, may not be used while driving.” This wording now clearly states the ban on apps.

The speed camera reports in Google Maps are also likely to be affected here, even if it is not primarily a speed camera app.

It is still unclear when the ban will actually come into force. However, the Federal Ministry of Transport and Digital Infrastructure states that this should happen “as quickly as possible”.

Can a passenger use speed camera apps?

The amendment to the law only mentions the “driver of the vehicle”. Passengers are not mentioned here. Enforcing the ban on passengers would be difficult to monitor in practice, as every passenger is of course allowed to use their smartphone while driving.

It is also difficult to determine whether the driver himself used speed camera apps while driving. Even if the smartphones were checked afterwards.

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The same applies to checking the smartphones of any passengers. Such checks would only make sense if “normal” smartphone use and that of apps meant different penalties.

Speed ​​camera warnings on the radio

Information about speed cameras on the radio remains legal.
Because there is a serious difference here. The information provided by the radio stations usually refers to a longer section of route and not - as with speed camera apps - to meter-precise information. Drivers have to stick to the posted speed limit for significantly longer if they hear about a speed camera on the radio.

Source: chip.de
Article image: Shutterstock / By Konstantin Kolosov


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Notes:
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