Speed camera apps are very popular. In the charts of purchase apps for iOS in Germany, they were repeatedly in first place. But are they even allowed?
Being flashed can quickly become very expensive. Speed camera apps are therefore very popular. But is the use of such apps even allowed? The answer is a bit complicated – and not necessarily logical.
Speed camera apps not expressly mentioned so far
The use of so-called radar warning devices is in Section 23 of the Road Traffic Act regulated. So far, it says: “Anyone who drives a vehicle may not operate or carry ready-to-operate technical equipment intended to indicate or disrupt traffic surveillance measures.” This has so far applied in particular to radar warning or laser jamming devices. Violations can even result in a fine of 75 euros and up to a point in Flensburg (Federal Motor Transport Authority). It is not just the use of such a system that is prohibited, even carrying a corresponding technical device ready for use is considered an administrative offence.
If the police find a corresponding radar detector during a check, they can confiscate it. Navigation devices and smartphones are not explicitly mentioned. However, since they primarily fulfill other functions, they should be exempt from this regulation.
If such a warning function is factory-installed in your vehicle’s navigation system, TECHBOOK advises deactivating the service immediately after purchase.
Also interesting: Easily compare fuel prices online or via the app
Express ban on speed camera apps
In 2020, the Federal Council agreed to expand the paragraph mentioned. As a result, the rule will also apply explicitly to devices that can warn of speed cameras and not just to devices that are specially designed for this. To date, it has not been clearly regulated whether mobile phones are affected by the law at all, since their main purpose is not to detect speed cameras.
“In the road traffic regulations-Novelle it is expressly stipulated that vehicle-leading speed camera apps, e.g. B. on smartphones or in navigation systems, may not be used while driving. This was already the case before, but is now being made very clear again.”
Federal Ministry of Transport and Digital Infrastructure (BMVI)
Only use apps – if at all – before driving to locate any speed camera locations. Glances at the smartphone remain taboo while driving so as not to endanger yourself or others.
Why speed camera reports from the radio are legal
However, speed camera reports on the radio are permitted. This does not seem particularly consistent, but there is a simple reason: compared to the illegal devices, the radio warnings are far less precise in their information, which is why the specified speed limit is usually observed over a longer part of the “dangerous route”. Fixed speed cameras are often installed at accident black spots and are part of the standard repertoire to selectively increase road safety.
Due to the phone’s GPS receiver, location information from the radar detector apps is so accurate that it torpedoes this security measure. Users of illegal aids tend to brake only briefly at the level of the speed camera in order to reduce to the prescribed driving speed. After that, however, they ignore the specifications again.
Legal loophole for passenger
Although the law officially also applies to mobile phones and their software, a back door remains. The law does not refer to the behavior of a passenger who may be traveling with you. This still has the option of asking the driver to reduce the driving speed. The prerequisite for this is that none of the prohibited aids were used or that the driver was not aware of the use of such aids.
In practice, it is difficult to control a smartphone accordingly. In general, the police are authorized to confiscate such problematic devices. However, such a project is difficult, especially with speed camera apps on a cell phone. During a vehicle inspection, police officers may request vehicle documents and check that the warning triangle and first-aid kit are carried. However, without reasonable suspicion, they are not allowed to “enter” or search the car. The same applies to the control or confiscation of a smartphone cell phone – this also requires an initial suspicion, such as a warning signal from the app during the traffic check.
Incidentally, there is a considerable threat in other European countries Higher penalties for using speed camera apps, ranging from drastically high fines to, in extreme cases, imprisonment. In Italy, for example, fines start at 800 euros.