Ukrainian drivers received an important signal from the judicial system: the manual use of the laser speed measuring device TruCAM has been recognized as an improper method of recording violations. This decision was made by the Eighth Administrative Court of Appeal, satisfying the complaint of a driver who challenged a speeding fine.
In the first instance, the lawsuit was dismissed; however, the appeal reached a contrary conclusion. The judges emphasized: in accordance with Article 40 of the Law 'On the National Police', speed control must be carried out only using technical means in the manner prescribed by law.
This means that TruCAM must be mounted in a stationary manner - on a tripod or in a service vehicle. Using the device 'by hand' is not considered valid evidence of speeding.
TruCAM has been used in Ukraine since 2018. The device is certified and equipped with a laser rangefinder and a camera that can capture vehicles at a distance of up to 1200 meters. At the same time, lawyers remind that the adherence to procedures is crucial, as any violations during use undermine the legal force of the collected data.
Experts in the field of law advise drivers to carefully check the circumstances of the protocol's compilation and not to be afraid to challenge dubious fines. According to them, practice shows that in cases where measurements were conducted without adhering to regulations, courts sided with drivers.
Although the appeal court's decision can still be appealed, it has already created a precedent that changes the approach to speed control in Ukraine. For the police, it is a signal of the necessity to strictly adhere to the law, and for drivers - a chance to protect their rights from unlawful penalties.
Ukrainian drivers received an important decision from the court that changes the rules for using TruCAM to record speeding violations. Now control over compliance with speed limits must be carried out only using stationary devices, and not manually, as was the case before. This decision opens new opportunities for drivers to defend their rights and also to demand that law enforcement adhere to the law.