Ducato driver flashes twice – does he go unpunished? Clarification in the forum!

Ducato driver flashes twice – does he go unpunished? Clarification in the forum!

A strange story is causing a stir in a lively camping forum: a Ducato driver states that he was flashed twice but did not receive any mail. His explanation? The folding mechanism of his tablet covered his face, making identification impossible. This causes contradictions in the comment columns because many users have a different opinion about this incident. To shed light on the whole thing, let's take a closer look at the background to this statement.

As the Schleswig-Flensburg District Fines Office confirms, punishment for an administrative offense requires that there is sufficient suspicion against a specific person. The Hamburg Fines Office adds that in order to identify the driver, his entire face does not have to be visible, but the complete coverage also makes identification impossible. Another aspect could be the technical setting of the speed cameras themselves; these can be set for different vehicle classes in order to record different maximum speeds.

Responsibility and owner liability

A not insignificant point in German traffic law is driver liability. This means that it is not the vehicle owner who will be held responsible for any violations, but the actual driver. The vehicle owner is responsible for naming the driver, unless this could inconvenience him personally or a close relative. This represents an essential basis for the legal action in such cases. However, the Hamburg Fines Office warns against deliberately avoiding a punishment, as this can be classified as inconsiderate towards other road users and could have serious consequences.

But what does the evidence look like when it comes to speed camera photos? If faces and vehicle license plates are not clearly visible, this can significantly reduce the value of the evidence. According to the Heskamp law firm, speed camera photos document not only the vehicle's license plate number, but also the driver's identity. However, if the image is of poor quality or the face is obscured, such photos may not be suitable as evidence.

The speed camera photo in detail

The importance of a speed camera photo should not be underestimated. A photo must clearly show both the license plate and the driver's face to be considered admissible evidence. The fines office has options for verifying identity, for example by requesting original photos or even using the public Internet as a source. If the driver and vehicle cannot be clearly identified, the process is often stopped.

• Erforderliche Merkmale für ein zulässiges Blitzerfoto:
• Kennzeichen muss erkennbar sein;
• Gesicht des Fahrers muss klar sichtbar sein.

If the driver cannot be identified, the vehicle owner could even be required to keep a logbook, which must be kept for at least six months. Violations of this obligation result in a fine of at least 100 euros. This makes it clear that the legal framework for traffic offenders is stricter than many might assume.

It remains to be seen whether the Ducato driver will get through despite his clever excuse. What is certain, however, is that the topic of “identification in traffic violations” has many facets and always causes debate. Whether he ultimately receives a postcard of the fine notice or not - the debate about speed cameras and their evidence will probably continue. The case opens up interesting perspectives and encourages people to think about their own responsibility in road traffic.

For further information on the regulations surrounding traffic offenses and speed camera photos, we recommend taking a look at the Heskamp Law Firm and the exciting discussion in moin.de Magazine.