TruCam on the road – legal or not?
In Donetsk region, a driver, recently fined with the help of TruCam, won a lawsuit by protesting a fine and penalties imposed on him. The court confirmed the unlawful use of these radars, as it was proved that the certification of these devices for fixing the speed of the car was invalid. Moreover, this means that their use is illegal. However, how is the situation really? We will understand this in more detail.
Lack of certification makes penalties void
These devices began to be used since autumn 2018 as a tool for indicating the speed of movement of vehicles. However, it turns out that these radar complexes do not have the necessary certification, as previously reported.
Satisfaction of the motorist’s appeal regarding the fine for speeding by the court was justified, since there were many reasons for this.
1. As indicated in a court order, this device registered in the State Register of equipment for measurement under a certain number and approved by a certificate issued in 2012.
2. However, in a short time, this device is excluded from the registry, and this certificate has ceased to be valid since 2015.
Thus, according to many lawyers, this radar cannot be used for fixing offenses on the road.
Therefore, the court decision stated the groundlessness of the data and the groundlessness of using these devices for fixing the speed. Moreover, in accordance with the third part of Article 62 KU, the prosecution cannot based on assumptions or illegally obtain evidence.
An interesting fact is that these results of the lawsuit confirm the fact of the invalidity of not one separate device, but all TruCam devices. Therefore, following the approval of many lawyers and lawyers, every driver who has been fined using this radar can appeal against the illegality and groundlessness of the fine. Moreover, most likely, such a claim can be won.
Fighting TruCam right
According to lawyers, it is possible to deal with such an injustice, since the instruments for fixing the speed for TruCam are truly «outside the law». Nevertheless, this should be done gradually, since proper preparation for the trial is very important:
- preparation of an appeal involves submitting requests and waiting to receive answers regarding the availability of a certificate in a particular device, which recorded the speed;
- an important point is also the availability of the necessary skills and knowledge of the inspector, who recorded the speed of your car, whether it has passed the appropriate training;
- device calibration time, the period of its verification.
Very often, there are cases when a driver cannot familiarize himself with the necessary documents on TruCam, about its calibration and verification, certificate. Moreover, since each apparatus must undergo a mandatory annual inspection and the inspector must have documents for it, they cannot be difficult. Moreover, accordingly, the patrol should provide the driver, on request, these documents.
Thus, it is possible to combat the illegality of using the TruCam radar, but this is not always effective. For example, in recent times, such an appeal regarding the illegality of using this type of radar was immediately rejected.
The result will be, however, positive or negative for the owner of the car – difficult to say. Nevertheless, it is still possible to appeal against the fine, apart from having a certificate; there are other reasons why you can appeal:
- using the device not in automatic mode, but in manual mode, is contrary to the law;
- consideration of the violation using the abbreviated procedure, in which case the driver is not given the opportunity to prove his innocence or he cannot use the help of a lawyer.
To protect yourself from fines and other unpleasant situations on the road, it is better to get the necessary device that can not only report the nearest radar, but also regularly provide information about the radar complexes on the road.
The optimal solution for drivers
Radar detectors can help in solving the problem of speeding fines, as well as to ensure road safety. Among the popular and optimal options are the following types of equipment:
1. Neoline X-COP 5700 – the best radar detector, which has a full radar base and provides accurate and fast detection of radar complexes on the road. It can detect the Arrow and Autodoria module; it has several modes of operation.
2. Neoline X-COP 9000c – budget combo device, which combines the DVR and radar detector. Detects different types of radar, notifies about the Arrow and Autodoria module. Additionally equipped with a unique X-COP mode, it can also be denoted «danger zones».
3. Neoline X-COP 9700 is a middle-class combo device with a touchscreen display, it has an extensive database of police cameras and radar, can detect Autodoria complexes, and Arrow modules. Additionally, it has the function of adding coordinates of police radar.
4. Neoline X-COP 9100 – a combo device with a touch screen, the best choice for the driver, its price corresponds to the high quality of the functions. Recognizes all types of cameras and police radar, as well as the Autodoria and the Strelka module. Additionally, you can set the range of GPS alerts.
Thus, the driver with a radar detector is provided with full safety during the trip. He will be able to learn about the presence of the radar complex on the road, in advance to reduce speed, to avoid a fine. On 130.com.ua you can buy radar detectors in Kharkov, Odessa, Kiev with delivery in Ukraine.