Red light monitoring

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Pair of cameras for red light monitoring

Red light monitoring refers to various measures taken by the police and regulatory authorities to monitor compliance with the red light of a traffic light system in road traffic with a potential risk and accident focus . Since, in addition to "exceeding the speed limit", "insufficient safety distance" and "using the mobile phone while driving a vehicle," running over a red light is one of the most common offenses in flowing traffic, there were 4220 fixed speed traps on Germany's roads in 2014 ( thereof 4175 with angle measurement). In the case of stationary and mobile surveillance, the penalties or fines depend on how long the display of the yellow / red light signal lasted when driving over it and whether the offense of endangering other road users (possibly resulting in an accident) was fulfilled.

Stationary red light monitoring

Stationary facilities are used for permanent monitoring of particularly endangered intersections. These are popularly referred to as "speed cameras", "flashing lights" or "red speed cameras". Outwardly, these are ordinary so-called "starry boxes" that are set up immediately behind the monitored intersection. However, due to the functionality required, the technical details are much more complex than with comparable devices for speed monitoring .

history

The first "photographic red light surveillance" in Germany was put into operation on November 15, 1960 in Frankfurt am Main . The recordings were made on ordinary black and white film. Decades later there were special films especially for this purpose, e. B. Kodak 's Kodak Hawkeye Traffic Surveillance Color Film .

Legal

In order to be able to prove a red light violation to road users, precise documentation of the course of the crime is required. In order for there to be a red light violation, the driver must have entered the area protected by the traffic light when the red light (valid for his direction of travel and visible to him) is displayed. Even those who cross the stop line when it is green, but then have to wait between the stop line and the traffic light due to traffic jams and only enter the protected area when the traffic light is already red, commits a red light violation that is threatened with a driving ban. In fact, there are also legally binding judgments to the contrary, which do not penalize crossing the stop line during the green phase and monitoring systems triggered by backlogs or were only punished very mildly (crossing stop line / crossing not cleared). If only the stop line was crossed in the case of red, but stopped before the start of the protected area of ​​the traffic light system, there is only a stop line violation, which usually results in far less severe sanctions.

In addition, the elapsed duration of the red phase at the time of the offense must be documented in order to be able to prove a qualified red light violation (red phase lasted longer than a second) and to be able to impose the correspondingly more severe sanctions. The times must be given in 1/100 seconds. The duration of the preceding yellow phase is also relevant, as the decision of the driver to continue driving was significantly influenced by this.

functionality

The finding of the necessary vehicle movements done, for example by two in the road sunken induction loops . The first loop is located immediately behind the stop line, the second before the start of the protected area of ​​the traffic light system. The control of the monitoring device is technically linked to the control of the traffic light system. With the beginning of the red phase (plus a slight measurement tolerance) the system is activated. As soon as a vehicle drives over the first induction loop, a photo of the evidence is automatically taken with the camera set up behind the intersection. The elapsed duration of the red phase and the previous yellow phase are displayed in the photo. When a red light violation actually occurs, two recordings are made that the driver can also perceive through two successive flashes of light.

With older monitoring systems, only a rear photo of the vehicle is sometimes taken. However, since this does not allow the driver to be properly identified, these systems are gradually being converted.

Simultaneous speed monitoring

Devices of the newer generation are able to simultaneously monitor compliance with the maximum speed limit and punish disregard for the red light. Since disregarding the red light is often associated with exceeding the maximum speed limit, two violations can be punished at the same time.

Mobile red light monitoring

The various options for needs-based mobile red light monitoring are to be distinguished from stationary systems.

observation

First and foremost, the targeted observation of a certain traffic light system by police officers or employees of the regulatory authorities comes into consideration . As a rule, the vehicles involved in the crime have to be stopped in order to enable the driver to be clearly identified. For this reason, the personnel and costs required for such measures are very high.

The accidental observation of a violation by public officials present is also conceivable. From a legal point of view, it is very controversial in these cases whether the evidence of a qualified red light violation is possible based solely on the statement of the observing police officer. As a rule, this is only assumed in the case of the targeted observation of a traffic light system, but if the act was observed by chance, usually only a simple violation can be punished.

Video

Video systems are sometimes used for mobile red light monitoring. Two cameras mounted on tripods are set up in the area in front of the traffic light system and run synchronously with each other. A camera points in the direction of the traffic light system in order to document its phases and the actual course of the crime. The second camera points in the opposite direction to identify the driver. In contrast to the manual observation of a traffic light system, only one official is required to operate such an installation. Despite this cost advantage, such monitoring devices are rarely found.

Driving around a red light system

Driving around a traffic light system (a road user drives over a corner property, for example, to avoid a traffic light at an intersection) is considered a "classic" of the traffic offenses law. The Hamm Higher Regional Court ruled on July 2, 2013 (Az. 1 RBs 98/13) that the negotiated case was not a red light violation.

Punishment, fines, judgments

Germany

A simple red light violation results in a fine of 90 € and is rated with one point in the fitness to drive register . For a qualified violation (red phase that has lasted longer than a second), a fine of € 200 is due. The act is rated with two points and a driving ban is imposed for one month. In the event of a hazard (€ 320) or an accident (€ 360), even higher fines and longer driving bans can be imposed; punishment as a criminal offense by endangering road traffic ( Section 315c StGB ) is possible in individual cases. During the probationary period , any red light violations are classified as an A violation; committing a red light violation within this period therefore entails additional probationary measures (for the first A violation: order to participate in an advanced seminar + extension of the probationary period by a further 2 years).

Stopping line violations, on the other hand, are only punished with a fine of 10 €, provided that there was no danger to other road users.

Red light violations are among the most serious regulatory offenses in road traffic and are therefore punished relatively severely.

1.) In the case of severe punishment, the following must have been established beyond doubt:

  • Is the clockwork of the red light camera precise and quartz-controlled?
  • Does the time display shown in the photo show the time in hundredths of a second?
  • Has the yellow and red light times of the traffic lights been recorded separately?
  • Does the time of the measurement (time at which the picture was taken) emerge from the photo when the induction loop is passed?
  • Did the travel time of the induction loop exactly match that of the camera?

2.) If only the stop line was crossed, but stopped before the start of the protected area of ​​the traffic light system, then there is only a stop line violation. A sensor in the lane controls a surveillance camera, where the time is then measured. If the red light phase is up to 1.1 seconds, only a fine may be requested. As long as the red light phase is measured differently in the federal states in Germany, the stricter measurement is not compatible with the national legislation. Thus, only a fine can be considered for punishment with a red light phase of less than one second.

3.) If a red light has been driven into the intersection after more than a second without endangering anyone, the driving ban can be waived if there are no points in the offender's register and the driver's license is needed for work. The same applies to a first-time offender.

4.) If it is not possible to stop safely during the yellow phase, the driver may continue driving with due care. In the event of emergency or full braking in front of the traffic lights, the following traffic must not be endangered. Normal service braking achieves a delay of 3.5 to 4 m / s². Emergency braking has a deceleration of 6.5 m / s². At permissible driving speed z. B. at 50 km / h the motor vehicle must come to a standstill during the yellow phase with normal service braking. Full or emergency braking would inappropriately increase the risk of rear-end collisions. The duration of the yellow phase is usually 3 seconds at a speed limit of 50 km / h, 4 seconds at 60 km / h and 5 seconds at 70 km / h. At 50 km / h, a distance of 13.9 m is covered every second, leaving around 40 m (with a 3.5–4 ms² delay and 1 s response time) to stop. These values ​​only apply to the car, which can come to a standstill in about 35 m when braking hard. In the case of a loaded truck with a total weight of 40 tonnes, a correspondingly longer stopping distance must be calculated with normal service braking and / or proven by an expert opinion.

5.) The penalty office must prove intent in the event of a red light violation and the speed at which the vehicle approached the traffic light system. The authorities need to know how far away the driver was from the traffic light when he saw the yellow light.

6.) In the event of job loss due to the withdrawal of the driver's license as a result of a red light violation, the proportionality of the funds must be taken into account. The existence of the accused must not be endangered here, even if he has appeared several times as a traffic offender. Other means must be used to ensure that the offender adheres to the existing traffic rules in the future.

7.) If the previous 6 points are not taken into account and if the offender wins legal proceedings, the person responsible for the incorrect matter (municipality / state) has to compensate for the damage.

Switzerland

In Switzerland, a distinction is made between successful offenses and endangered offenses. The traffic disregard is a successful offense if it has led to personal injury or death. A distinction is made between deliberate and negligent disregard of the red light for endangered offenses.

Red light violations without a concrete or abstract risk will be punished with a fine of 250 Swiss francs (see OBV 309.1).

Web links

Commons : Red light cameras  - collection of images, videos and audio files

Individual evidence

  1. ↑ [1]
  2. ↑ The beginnings of video surveillance in Germany
  3. ↑ KODAK HAWKEYE Traffic Surveillance Color Film 2486
  4. ^ BGH judgment of June 24, 1999 , Az. 4 StR 61/99, full text.
  5. ^ OLG judgment Cologne of March 19, 1998, Ss 129/98 (B), NZV 1998, 297
  6. ↑ decision ; see also basics on red light violations and Carsten Krumm : Driving ban in fines , Nomos, 2nd edition 2010, § 5.
  7. ↑ Crossed the red traffic light - Catalog of fines & fine calculator 2019. Accessed on February 24, 2019 .
  8. ↑ See OLG Oldenburg NZV 1993, 446; Ordnungsamt Osnabrück Jürgen Wiethäuper, article in the NOZ from August 28, 1993
  9. ↑ OLG Frankfurt, decision of October 19, 1994 , Az. 2 Ws (b) 651/94 OWiG, VD 95, 68
  10. ↑ AG Wetzlar OWi 6 Js 2688 1/89
  11. ↑ OLG Cologne decision of April 28, 1995, Az. Ss 241/95 (B), guiding principle. Retrieved February 24, 2019 .
  12. ^ AG Wiesbaden DAR 94, 128
  13. ↑ OLG Düsseldorf, decision of July 22, 1993, Az. 2 Ss OWi 216/93, guiding principle. Retrieved February 24, 2019 .
  14. ↑ OLG Hamm, judgment of May 16, 2003 , Az. 9 U 84/02, full text.
  15. ↑ BayObLG decision of December 23, 1985  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Az. 2 Ob OWi 397/85, guiding principle.@1@ 2Template: Toter Link / www.rechtsportal.de  
  16. ↑ Berlin Court of Justice of July 11, 2001 , Az. 2 Ss 106/01, 3 Ws (B) 260/01, guiding principle.
  17. ↑ BVerfG, decision of October 26, 1993, Az. 2 BvR 2295/93, full text. Retrieved February 24, 2019 .
  18. ^ BGH decision of January 21, 1988 , Az. III ZR 157/86, guiding principle.
  19. ↑ Swiss traffic law: disregarding red traffic lights / light signals