The B6 in Hannover. Photo: Gerd Fahrhorst. License: CC by 4.0
On the B6 near Hannover, the speed monitoring wanted to perfectize and has failed for the time being crashing
The problem of full-time stationary speed monitoring is that the locations are known and the passing road users decelerate in front of the flashers and then accelerate again. This ensures not only for a stronger tire and brake abrasion, but also for an increased risk of ride, because the subsequent road users are surprised by the activities of the proximity.
In the near Hannover, on the B6 between Laatzen and Gleidingen you wanted to solve this problem with a so-called Section Control (Section Control), in which the average speed is determined on a specific section, by scanning the indicators of the respective vehicle in this sector. and in the exit on the basis of a second receptacle the driven average speed is determined and in the case of a calculated relevant speed control a portrait photo of the vehicle driver is shot. All recordings of vehicle license plates whose driver can not be properly prevented behavior should be deleted immediately.
The state of Lower Saxony had begun in early 2015 with the establishment of the nationwide first pilot route for transport monitoring by a section control. However, the trial operation planned for autumn 2015 was nothing because it obviously gave data protection problems that were not so fast out.
The obstacles paid for the subordinate and certification by the Physikalisch-Technische Bundesanstalt (PTB) near Braunschweig. This was founded by the note that the technique used on the B6 is different from the technology used in other EU states. The depends on the different legal framework conditions.
So satisfies, for example, the inventory of the license plate. In Germany, however, the respective driver must be clearly identified. With significant delay, the system then went on 19. December officially in operation. On 12. Marz 2019 has the 7. Chamber at the Administrative Court Hannover has decided in a rush procedure that it is effective for the operation of speed monitoring through the so-called "Section Control", Which the police directorate Hannover on the B 6 in the nationwide first project of this kind wants to testify no legal basis.
At the plant, the marks of all passing cars are photographed and stored at least for the period of transit. The Niedersachsisches Ministry of Home and Sport has been annoyed by this decision of the same day to take the radar system inconveniently.
The Federal Cancer Court corrected his own judgment of 2008
With that on the 5. February 2019 published decision of 18. December 2018, first Senate of the Federal Scarf Court (BVerfG) had explained the automated motor vehicle label control according to the Bavarian police duty law as incrementation against the right to informational self-determination in parts for advancing. In such controls, fundamental rights lines were relative to all persons whose motor vehicle identifiers are recorded and balanced, regardless of whether the control leads to a hit. Such automated motor vehicle indicator control also in the non-counterfall, in which the detected indicators are immediately lolled, a fundamental rights interference.
In the consequence of this judgment, the Administrative Court of Hannover decided on 12. Marz 2019 that for the pilot project on the B6 the legal basis is missing. Now the plant at the B6 is still quiet. The conceivable alternative, now on the affected section to install a series of conventional flash units, which overwake the whole route in such a dense distance that the vehicle drivers were avoided to accelerate between flashmers, although it appears legally possible, but in the Practice probably not be implemented.
Rather, one will try to change the legislation so that the section control is reasonably admitted. Although there are statements that a state law for this purpose is not sufficient. However, on request by Telepolis, the Lower Secrout Ministry of Home and Sport shared in this context that the drafting of a law on the state of Lower Sachsian law on the security and order currently available in the state parliament (NDS. SOG) The introduction of an existless legal basis for Section Control.
The country has the legislative competence for the legislative competence, as the Confederation in the Saunting Law did not create a punching regulations which have a tatality of the state legislature. With the upcoming adoption of the new Lower Sachsian police law, the currently missing expression of the legal basis should be created.
As soon as the verdict is present, the Police Directorate Hanover and the Ministry of the Interior want to regard the decision-making and decide on a complaint at the OVG Luneburg at short notice.