Court stops nationwide first-range radar

In the absence of a legal basis, a range radar system must be turned off on state road 6 in lower Saxony, immediately. The administrative court in Hannover rejected an intervention in the constitutionally guaranteed right to informational self-determination. In neighbouring countries such as Belgium, Austria and the Netherlands, Section Control is already used successfully for years. the

Just two months ago, the first nationwide range radar near Hanover started in the test run. Today, the local administrative court: The Section Control the facility referred to must be switched off in the absence of a legal basis immediately. The lower Saxony Ministry of the interior announced that it plans to take the plant on state road 6 in Laatzen out of operation immediately.

In its decision, the administrative judge followed the requests of the members of the Association freiheitsfoo and the pirate party and found a violation of the gundgesetz guaranteed in the right to informational self-determination. The plaintiff had referred to a judgment of the Federal constitutional court to the automatic adjustment of number plates of all passing cars with suspect data by the police. This was partly unconstitutional. Even if the data would normally be deleted-abiding driver immediately, argument, the plaintiffs were now in Hanover court, so the encrypted caching of the license plates of all passing cars is already a massive intervention into fundamental rights of the citizens.

The administrative judge found that such an act is, regardless of its Severity, in principle, only to "a legal basis". This there is, as yet, neither at the state nor Federal level. They pointed, among other things, to the fact that the lower Saxony state Parliament is currently consulting on a draft for a revised national police law, creating a legal basis for the operation. The system in the sample mode, also play no role. The state had to rely on the System in addition to mandatory, because the Monitoring of the speed can also be achieved in other ways.

New police and public order law is to create legal basis

The introduction of the controversial system had been moved according to the authorities, due to "data protection regulatory Clarification" several times previously. Originally, the project should start already in 2015. The lower Saxony Ministry of the interior stated after the trial, the new lower Saxon police and law and Order (NPOG) to be decided in may, will provide the necessary legal basis for long-term operation of the radar after the testing phase.

according to The authorities, the new System has advantages. Among other things, it is avoided that local motorists to slow down before a speed trap. 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-prone section. 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, these Form of pace measurement is already used successfully for years.

Section Control had monitored a 2.2-Kilometer-long section, 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. Caught drivers not filed an appeal against their penalty notice and the penalty is already paid, in spite of the current judgment, there is no right to a refund.