The speed camera apps, which warn users in real time of permanently installed and sometimes even mobile speed cameras, are now illegal. We explain the current legal situation.
- The days of the legal gray area are over - speed camera apps are illegal
- The Federal Council expanded the StVO
- What are the punishments and possible loopholes
Speed camera apps: Extended StVO pragraph prohibits them
So far, it was only forbidden to use a system or even to carry it in the car, which only serves the purpose of speed camera warning . In the words of the StVO : "Anyone who drives a vehicle must not operate or carry along 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 interference devices) "(§23 Abs. 1b StVO).
Smartphones or navigation devices with speed camera function did not fall into this category and were in a gray area. Only radar detectors or jammers were definitely illegal. The former detect radar or laser beams and inform the driver. The latter can even interfere with the signals from measuring devices and thus prevent the correct measurement.
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Federal Council decides new passage in the StVO
Now the Federal Council added the following to Section 23: "For other technical devices that can be used for other purposes as well to display or disrupt traffic monitoring measures, the corresponding device functions must not be used." This means speed camera apps and corresponding functions in navigation devices or -a pps * definitely no longer allowed.
Speed camera apps: downloading remains legal
The corresponding function must therefore remain deactivated for navigation devices . However, downloading and installing speed camera apps remains legal. Another curious loophole : The regulation of §23 expressly refers to the driver . Passengers are not mentioned in the text. That seems inconsistent, but it is questionable what enforcement of the ban could look like in practice. Evidence is not easy even for the driver. Police officers are not allowed to search vehicles or smartphones without reasonable suspicion. There must be an initial suspicion , such as the signal tone of a speed camera app. Only then can a police officer secure the cell phone.
Speed camera warnings continue to be allowed
The regular warnings on the radio remain unaffected by the new regulation. Even the police like to announce their speed cameras. In Kaiserslautern with a lot of humor:
Well, who drove the e-scooter to the office today? The parts have one advantage: they cannot be flashed with them. Speaking of #Blitzer, they are on the B420 at #Meisenheim and in #Lohnsfeld today. pic.twitter.com/CY9gsOmcAl
- Police Kaiserslautern (@Polizei_KL) January 16, 2020Anyone who uses a speed camera app or a radar detector in Germany and who can be proven can expect a fine of 75 euros . There is also a point in Flensburg . The police are also authorized to confiscate the radar detector . Jammers are drawn in and destroyed. Smartphones and navigation devices, on the other hand, remain with the owner, since their primary function is not to warn of speed cameras.
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To the photo gallery
Arne Roller
* tz.de is part of the nationwide Ippen-Digital editors network
Rubric list picture: © picture alliance / dpa
