The police’s smart traffic camera records a lot, but sometimes the system misses the mark. It happened to a motorist who was scratching his ear while driving. Shortly afterwards, a fine of 389 euros was issued for calling in the car. How do you object to this fine?
The motorist in question was caught on the A2 highway at the end of October. A smart camera that captures drivers calling or texting from a viaduct above the highway had an impact. The ticket arrived on the driver’s doorstep a few days later. But he requested the photo and objected, because it turned out that he was scratching his ear.
Mistake
A mistake like that can slip through the cracks. Because the images from the smart police cameras are processed automatically. This is done with mathematical calculations, the so-called algorithms. These algorithms are pre-built with all kinds of images of calling and texting drivers. With this built-in knowledge, drivers who make a mistake can be automatically identified by a computer. It is a self-learning system. By removing incorrect images, the cameras become smarter and more precise.
A test in 2020 and 2021 showed that the chance of being caught was about 95 percent. The photos with the violations are additionally checked by agents at the CJIB (Central Judicial Collection Bureau) to prevent errors. In case of doubt, the violations will be annulled.
But anyone who believes that he or she has been wrongly fined by the smart camera can file an objection. Below is a brief explanation of how to do this:
- If you do not agree with a traffic fine, you can appeal to the public prosecutor. This can be done by letter or digitally.
- You have six weeks to submit the appeal. You do not have to pay the fine yet.
- To support this, you can add a photo taken by a smart camera of the violation.
- You can find that photo at www.om.nl/verkeer. You can log in there via Digid. The fine number will take you to the link to the photo, among other things.
- The public prosecutor has sixteen weeks to decide on the appeal. This period can be extended by ten weeks.
- If you do not agree with the decision, you can still appeal to the subdistrict court. In that case, you must first pay the fine (so-called ‘providing security’).
- If you do not agree with that decision, you can still go to the court in Leeuwarden. You have six weeks to register the appeal.
Looking for boundaries
This year, around fifty cameras will be deployed throughout the country to continuously monitor road users. According to Marloes van Kessel of the Public Prosecution Service, enforcement of distraction in traffic is extremely important. “You sometimes see people weaving across the road. Calling and texting in traffic is so dangerous. You don’t close your eyes for a few seconds behind the wheel. That’s what happens when you are distracted by the phone. You can that moment also kill someone.”
‘Zero’
Traffic expert Ruud Hornman is charmed by smart cameras. “The behavior of road users is highly dependent on the chance of being caught. If someone has the feeling that the chance of being caught is extremely small, then there is a good chance that they will behave accordingly. With cameras you give a clear signal that someone can be caught. Apparently people always want to push the boundaries. With these types of cameras, the boundaries are very clear: zero.”
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