A motorist prosecuted for speeding has lost his appeal to the Federal Constitutional Court. The court ruled against his complaint because he could not prove that his fundamental rights were violated. The case involved the use of the mobile speedometer Leivtec XV3, which experts found to have deviations in the measured values. The Physikalisch-Technische Bundesanstalt also identified impermissible deviations. The court dismissed two similar cases involving the devices PoliScan M1 and TraffiStar S350. The court stated that individuals involved in administrative offense proceedings must have access to information that is available to the fine authority but not contained in the fine file. The complainant argued that authorities should only use devices that collect raw measurement data. However, he failed to demonstrate that the constitutionally enshrined right to a fair trial obliges the state to create and maintain potential evidence. The court explained that their previous case law grants limited extended access to existing information depending on the specific circumstances of each case. The complainant did not sufficiently address a previous judgment in which the court referred fine proceedings back to the district court due to insufficient access to files. The complainant defined “raw measurement data” as unaltered data generated by a measuring device’s sensor technology during the measurement process. Experts can identify measurement errors and processing faults by analyzing complete and unchanged sensor data. The issue of whether flash devices needed to be verifiable based on raw measurement data was previously debated at the Constitutional Court in Koblenz. Different courts have reached varying conclusions regarding the use of measurement data from speed cameras. The ADAC expressed disappointment with the court’s decision, as it did not require flash devices to store data, making it difficult to verify their accuracy. Despite a previous ruling in November 2020, data from devices can only be checked if they are already being stored.
