The court declared illegal the fine from the auto-fixation camera: the reason is known

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The court found the fine illegal from the auto-fixation camera: reason is known

According to the law, drivers should be informed about the photo-video recording of their car. Appropriate traffic signs must be installed at the places where cameras work.

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Automatic photo-recording of traffic violations is illegal if drivers are not informed about it. This is evidenced by the decision of the Eighth Administrative Court of Appeal dated October 20 in case No. 456/8/22, the Road Advocate website writes.

It was established that the driver exceeded the speed limit in the village – the device “Kaskad” recorded 73 km/h with the permitted 50 km/h. The violator was issued a fine, but he decided to challenge it on the grounds that there was no sign on the road warning about automatic photo and video recording.

The court ruled illegal the fine from the auto-fixation camera: the reason is known

The court found the fine illegal from the auto-fixation camera: the reason is known

The fact is that in part 2. Art. 40 of the Law of Ukraine “On Patrol Police” states that information about automatic photo and video devices should be placed in a conspicuous place. For this, a special road sign 5.76 “Automatic video recording of traffic violations” is provided.

In the court of first instance, the Patrol Police Department did not provide evidence that such a sign was installed. Therefore, the decision to bring to administrative responsibility was declared illegal and canceled.

The Patrol Police decided to challenge the decision, but the Eighth Administrative Court of Appeal also sided with the driver. The decision states that the driver has the right to be informed about the photo or video filming of his car, and it is the police who are obliged to prove that the driver is aware.