After earlier this year reported the obsolete software for the ES 3.0 (formerly AG casting), the problem seems to be widely fixed. However, it is precisely in this gauge temporarily continue to incorrect measurements. The result: the matter.
Our client was measured in June 2010 with the device 3.0. At this point, you could still have doubts about the right software version, as it were changed only during the first half. When we inquired at the fine point, we first received the following letter:
... to the appeal of your clients from 16.08.2010, after examination of the substantive and the law stated that the issue is cleared up sufficiently and your client has caused the offense of misdemeanor unlawful and reprehensible. The measurement was carried out by trained personnel with calibrated measuring equipment ...
This is obviously a standard letter. The Authority has received no word to our request on the software, nor are the full photo documentation was made available.
Subjects photos in the file fine but we already , imagine that the measurement was incorrect.
Already, by order of 16 March 2010 introduced the AG Lübben operation of the instrument to understand:
... This instrument is driven by the measured vehicle speed at the fact that the vehicle several light barriers in the amount of the sensor head passes through the meter. The sensor head is positioned parallel to the road and from the right angle to the road running light barriers results in the measurement line (in height sensor head center). The so-called "Photo Line" be 3 m is seen behind the measuring line from the direction of the measured vehicle.
The ES 3.0 meter off after a detected speed violation, the photo documentation from initial delay. The photo line, which is about 3 feet back from the measuring line, and adapting it to the camera, should therefore ensure that the measured vehicle is clearly documented in photographs.
This allows a clear assignment the measurement of a vehicle when several vehicles pass at a short distance from the measuring line. The vehicle is then measured in the so-called "logical picture position." This is clear from the photo line, the position of the vehicles shown and the measured speed.
The review of the logical picture position can thus be determined not only to map what vehicle if a speeding, but also based on the vehicle position relative to the photo line, whether the determined by the meter rate is locked.
In the instruction manual for the meter ES 3.0 states
"[.. 18.2.3 photo line
for a reliable evaluation is a photo documentation of the line the measurement site is required.
The photo line is an imaginary line across the road and about 3 m in driving direction behind the sensor head (sensor head center )....
This photo line must be recognizable. Frequently this Fahrbahnmakierung or sg Lübeck hats (cones) are used. The manufacturer requires this procedure for this device.
presented in our case it turned out actually that lacked the photo line or did not meet the requirements of the manufacturer. Since the measuring officials, contrary to the assertion in the test record just did not keep to the guidelines of the manufacturer, were serious doubts before the measurement. When asked what software - used version needed, however, not to be discussed. The case was closed. Had the Authority published the photo documentation in advance the deadline before the district court would certainly not necessary.
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law Traffic Law and member of the consortium in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations quickly and efficiently.
more info: www.verkehrsrecht-24.de
lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin
The ES 3.0 in use on myvideo.de: link
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