Speed camera app in the car? So far it was not entirely clear whether it was forbidden or in the gray area. The Higher Regional Court of Karlsruhe has now eliminated all doubts with a decision.
The use of speed camera detectors is now completely prohibited – even for passengers. (Source: panoramarx.de / depositphotos.com)
Legal uncertainty eliminated
These fines threaten the use
This is how you avoid speed camera photos
Warn other drivers
Speed camera apps abound in Google’s Play and Apple’s App Store. Here you will find pure speed camera warnings that warn of star boxes or mobile speed cameras. In addition, many navigation apps also integrate this additional function into their applications, including TomTom. So you might think that the use would be legal – but this is a fallacy. So far there has been legal uncertainty, which the Karlsruhe Higher Regional Court has now cleared up.
Legal uncertainty eliminated
So far, the use of speedcam apps has been a gray area, at least partially. Drivers were not allowed to use the applications, which is clear in Section 23 of the Road Traffic Act (StVO): “Anyone who drives a vehicle may not operate a technical device or carry it ready for use that is intended to display or disrupt traffic surveillance measures.”
This applies in particular to devices for jamming or displaying speed measurements, such as radar detectors (e.g. the popular OOONO Co-Driver NO1) or laser jamming devices, but since the road traffic regulations were amended in February 2020, speed camera apps on smartphones have also been clearly mentioned in this context.
According to the general opinion, however, this regulation did not apply to the passenger – at least not clearly. So this was a loophole that drivers used. That’s over now.
The Karlsruhe Higher Regional Court has now provided clarity in its judgment (AZ 2 ORbs 35 Ss 9/23): The use of speed camera apps is therefore also prohibited for passengers. The verdict was preceded by a lawsuit filed by a 64-year-old. According to a press release from the Higher Regional Court, the man was clearly driving too fast. During the police check, the officers discovered an active speed camera app on his passenger’s smartphone.
The District Court of Heidelberg then imposed a fine of 100 euros. The Karlsruhe Higher Regional Court has now confirmed the decision after a legal complaint by the driver. The judgment is final.
The court also stated “that a behavior prohibited by Section 23 Paragraph 1c Clause 3 of the Road Traffic Act (StVO) does not only exist if the driver himself has activated an app to warn of traffic monitoring measures. Its use is also prohibited and subject to a fine the “speed camera app” installed and activated on the mobile phone of another vehicle occupant, insofar as the driver uses the app’s warning function.”
These fines threaten the use
If you use a speed camera detector while driving and get caught, it will be expensive. According to the current catalog of fines, 75 euros will be due, and you will also receive a point in Flensburg. You could even be fined if you only installed the speed camera app but didn’t open it. A speed camera warning is considered to be operational if it can be switched on while driving without any effort.
This is how you avoid speed camera photos
It doesn’t always have to be a speed camera app – there are also legal ways to find out about speed camera locations. Certainly the easiest way to avoid speed camera photos: Stick to the local speed limits. If you still want to be on the safe side, you can check the Blitzer.de website before you start your journey to see where star boxes and mobile speed cameras are lurking. During the drive itself, it is worth turning on the radio. The announcements of speed camera locations on the radio are also legal.
Warn other drivers
Are you allowed to warn other drivers about speed cameras? The answer is: Yes – but with restrictions. According to the Goslar Institute, which spoke to traffic lawyers on this subject, there is nothing wrong with a warning hand signal.
Mobile phone at the wheel: what is allowed?
Law in Germany and abroad under the microscope
New laws for the use of smartphones and tablets in road traffic have been in force since October 2017. We will inform you when you are allowed to use your mobile phone and what penalties you may face if you violate it.
However, what remains prohibited under the Road Traffic Act is the warning by flashing the headlights. The short flashing may only be used in dangerous situations and outside of built-up areas to announce an overtaking maneuver and costs a fine of 10 euros if used improperly.
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