Metrology: a citizen’s guarantee against traffic fines

Traffic Lawyers Gijon

To monitor traffic and road safety, administrations use measuring instruments such as radars or alcohol meters. However, these machines can fail. For this reason they are subjected to reliability checks. This means testing them to assess whether their measurements are within an acceptable margin of error. This is not a trivial issue. In fact, such checks are a guarantee, and this is provided for in section 83.2 LSV:

“Instruments, apparatus or means and systems of measurement that are used for the formulation of complaints about infringements of traffic, road safety and motor vehicle regulations shall be subject to metrological control in the terms established by the metrology regulations”.

What are the consequences of the above?

Quite a few in the area of traffic fines.

Thus, a penalty imposed under instruments, which they have not examined, will be void for failure to provide guarantees. On the other hand, the admission of a certain margin of error means that it must be applied to the result of the measurements in order to determine the infringement. This may lead to a reduction of penalties. For example, if on a road limited to 50 km/h, a mobile radar picked up 80 km/h; the margin of error must be applied (7 km/h for the type of radar indicated) and a speed of 73 km/h must be imputed. The excess results in a penalty of 300 euros and 2 points, instead of 400 euros and 4 points, to be imposed if the margin of error is not deducted. The casuistry is enormous, so do not hesitate to bring your case to consultation. Our team of lawyers in Gijon will be happy to help you.

In the event that you find yourself in another situation, such as a traffic accident, we also offer you our expert lawyers in insurance claims in Gijón.

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