In a recently published decision, the Karlsruhe Higher Regional Court clarified that even passengers in the car are not allowed to use a speed camera app if the driver is driving the vehicle. Previously, the ban on the use of speed camera warning systems was only limited to the person at the wheel.
Background to the decision
The specific case involved a man who was driving through Heidelberg at the end of January 2022 at a "significantly excessive speed". He was aware that an app for speed check warnings was in operation on his passenger's smartphone, which was stored in the center console. The police checked the driver due to his conspicuous driving style and found the smartphone in the center console. The driver pushed the smartphone aside when he was checked by the police. The lower district court then confirmed the fine of 100 euros for using the speed camera app.
Legal situation and justification
The ban on the use of such applications is regulated in 23 Para. 1c Sentence 3 of the German Road Traffic Regulations (StVO). It states that "anyone driving a vehicle" may neither operate such a technical device nor carry it ready for operation. Although the wording of the provision suggests that the ban only applies to the driver, the Karlsruhe Higher Regional Court has now clarified that the ban also applies to passengers.
Manufacturers of speed camera warning systems advertise that the use of their products by passengers is permitted. However, this claim has not yet been clarified in court. The Karlsruhe Higher Regional Court has now ruled that the use of a speed camera app on another mobile device is prohibited "if the driver makes use of the app's warning function".
Smartphones are also affected
The fact that smartphones also fall under the regulation, even though they are not "intended" solely for displaying traffic monitoring measures, was clarified years ago by the Higher Regional Court of Celle. Since a revision of the legal text, it now also explicitly states that "the corresponding device functions may not be used". Several court decisions have already confirmed this. If they are seen as evidence or serve to "avert danger", the police may also confiscate the devices used.
Conclusion
The decision of the Karlsruhe Higher Regional Court is legally binding and also has implications for passengers in the car. Anyone who wants to be warned by a speed camera app while driving must refrain from doing so in future, even if they are not at the wheel themselves.
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