A relaxed city tour in a classic car should be remembered for as long as possible. However, it is a shame and very annoying if this memory ends up in your letterbox in the form of a speed camera photo. There are speed cameras at urban junctions in Germany, Austria and Switzerland that record when a car runs a red light. But not every fine is justified.
In comparison: penalties in Germany, Austria and Switzerland
If you run a red light, you get a photo of yourself in a classic car, which can sometimes be quite expensive. The lowest penalty for a red light offense awaits drivers in Austria. There, the fine is at least 70 euros - but can also be higher depending on the severity of the offense. Running a red light costs considerably more in Switzerland. The fine here is around 230 euros (250 CHF) if you are caught by a speed camera at a red light. If it is an offense with particularly serious consequences, harsher penalties are also possible, such as a prison sentence of up to three years.
In Germany, the type of red light offense determines the consequences. If the traffic light is red for less than one second when the driver crosses the intersection, it is a so-called simple red light violation. This carries a minimum fine of 90 euros and one point in the Flensburg driving aptitude register - a maximum fine of 240 euros, two points and a one-month driving ban. If the traffic light was red for more than one second when it was run, German traffic law speaks of a qualified red light violation. In this case, at least 200 euros, two points in Flensburg and a one-month driving ban are due. If property damage is caused in the course of the qualified red light violation, the fine increases to 360 euros.
Speed camera photo missing or of poor quality
In many cases, a red light offense in German-speaking countries is recorded using a traffic light speed camera. They look similar to speed cameras for recording speeding violations and register the vehicle, license plate and driver. As a rule, these systems flash twice to ensure that the vehicle did not come to a stop just under the red light, but actually crossed the intersection or level crossing without permission. If there is no second photo, the red light violation cannot be proven beyond doubt. A penalty would then be unjustified.
In addition, the photo taken by the traffic light flasher may be of poor quality so that the driver cannot be clearly identified. Reflections on the windscreen or the sun visor folded down can obscure striking features of the face so that the driver is not sufficiently recognizable. Even then, an appeal can be lodged against the fine imposed. In this case, it is worth having a traffic law lawyer check whether there are other photos of better quality in the case file of the responsible authority or whether an appeal should be lodged.
Measurement errors with speed cameras at red lights
It can happen that the yellow light phase of the traffic light is not set correctly and is therefore too short. In Germany, for example, a traffic light must display yellow for at least three seconds at a permitted speed of 50 km/h. At 60 km/h, the yellow phase must be at least three seconds long. At 60 km/h, the yellow phase must last at least four seconds and at 70 km/h at least five seconds. The log in the case file shows whether the traffic light was set correctly and whether the yellow phase was sufficient for the driver to react to the change in traffic light color.
Some speed cameras measure the red light violation using induction loops in the ground. If these loops or the speed camera attached to the traffic light system are not correctly maintained and calibrated, the measurement results may be falsified. It is then worth appealing against the fine imposed. The regular maintenance and calibration of the speed camera system must be recorded in a log. This log is attached to the case file of the corresponding red light violation. Only a traffic lawyer has full access to the file and can check whether all the information in the log is correct or whether the penalty for the red light offense is unjustified because the measuring devices are prone to errors.
Objecting to a red light offense
Drivers have the right to appeal against the penalty for a red light violation. This is particularly advisable if there is a risk of a driving ban or withdrawal of the driver's license as well as particularly high fines. New drivers who have been flashed during their probationary period should also check whether the penalty can be avoided. Otherwise, they could face an extension of the probationary period, which is two years in Germany and three years in Austria and Switzerland. A traffic law attorney can uncover measurement errors or irregularities in the record and advocate for the annulment of the imposed penalties.
About the von Rüden law firm: Are you accused of a red light offense in Germany? Have your case reviewed by the consumer law firm Von Rueden! The law firm represents motorists in traffic law cases and advises you free of charge on your legal options. Call 030 / 200 590 770, write an e-mail or use the contact form.
