How is the revaluation done in VTU
XV3 - LEIVTEC asks to stop measuring - The dilemma of the status quo
As it became known over the weekend, the manufacturer LEIVTEC is asking its customers to refrain from taking official measurements with the XV3 measuring device for the time being.
Even if the step seems morally necessary, the manufacturer's decision must be respected. It is an unprecedented admission on the part of a device manufacturer that the approval test by the PTB Not - as always stated - the exclusion of incorrect measurements in practical use is guaranteed.
The decision was the result of two independent studies by experts ... read on ►
Legislative initiative and BVerfG - The future is raw measurement data
After the much-discussed court rulings in the recent past, another decision by the BVerfG is due this year.
At the same time, the FDP parliamentary group introduced a draft law to the Bundestag, according to which the need to save the raw measurement data is to be codified.
It is to be expected that the BVerfG will follow up on its decision from January and put an end to the unspeakable discussion about the necessity and suitability of raw measurement data for checking a specific individual measurement once and for all ... read on ►
Changed evaluation for XV3? The house of cards collapses
An independent group of experts recently succeeded in demonstrating that with the XV3, in normal measurement situations, measurement errors can occur that are significantly greater than the error limit for traffic. The deviations were found when the measured vehicle entered the measuring field frame “sideways”.
The PTB initially announced on October 27, 2020 that the deviations could not yet be reproduced.
Now, new instructions for use for the XV3 are said to have been approved, in which the evaluation criteria have been significantly tightened. This is extremely questionable in two ways ... read on ►
BVerfG makes it clear: case files are to be released in the preliminary proceedings
A great day for the rights of those affected in the OWi procedure.
The decisions of the Federal Constitutional Court and the Constitutional Court of Baden-Württemberg became known yesterday.
The BVerfG dealt with a complaint regarding a judgment of the OLG Bamberg (decision of June 19, 2018, Az .: 3Ss Owi 672/18). Purpose: Release of information that is not in the file, in particular user records and case files.
The clear tenor of the BVerfG: ... read on ►
Incorrect measurements detected at XV3
The results of a series of tests with XV3 measuring devices are currently causing a stir in the world of administrative offenses. Not all parts of the test series have yet been published. What is known so far makes it clear once again:
For a fair - because it is transparent and verifiable - OWi procedure, you need raw measurement data.
A group of experts devised a scientific test set-up and thus demonstrated that under certain (everyday) set-up conditions that are fully covered by the instructions for use, the Leivtec XV3 results in measured value deviations far beyond the limits of traffic error. read on ►
The Saarland state administration gives way
For a while it looked as if things were going in the right direction, at least in Saarland, in terms of fair, transparent traffic monitoring. The current decision of the Saarland state administration now puts a damper on this hope.
Following the much-noticed judgment of the Saarland Constitutional Court (judgment of 05.07.2019, Az .: Lv 7/17), the operation of all measuring devices in Saarland that do not save raw measurement data was discontinued. This operation will now be resumed ... read on ►
Success before the Federal Court of Justice - the RSV doesn't get “their” experts through that easily
In the past few months and years it has spread more and more. Some legal protection insurers have tried to bring “their” experts into the proceedings by giving instructions to the policyholder. The argumentation was often made with the damage mitigation clause from the ARB. Reference was then made to experts with pricing that was incomprehensible to us.
The BGH has now given a clear rejection of this practice in a procedure operated by us (judgment of August 14, 2019, Az .: IV ZR 279/17).
The defendant insurance company had tried to prevent a judgment with the help of an acknowledgment ... read more ►
According to the constitutional ruling in Saarland - What is required for a measuring device to comply with the "fair procedure"?
The TraffiStar S350 measuring device is directly affected by the judgment of the Saarland Constitutional Court. The fact that the requirement to save the raw measurement data must apply to all measuring devices results from the judgment ... read on ►
No fair trial without raw measurement data - Constitutional Court of the Saarland on S350
We have already represented it in statements from 2015 and 2017 and also various traffic court days in Goslar were of the same opinion: without a person concerned being able to check the measurement accused of them for accuracy, there can be no fair trial in the sense of the rule of law ... read on ►
Traffistar S350 measurement results cannot be used
The Constitutional Court of Saarland (Lv 7-17 of 05.07.2019) decides that raw measurement data must be saved. The results of the measurement process with the Traffistar S 350 measuring device are said to be unusable due to the lack of storage of the raw measurement data and the resulting unconstitutional restriction of the right to an effective defense. The convincing decisions of the OLG Saarbrücken (Ss RS 22/2017 from June 26, 2017) and AG Saarbrücken (22 Owi 859/16 from March 28, 2017) were therefore overturned ... read more ►
New at VUT - YouTube the VUT Verkehrs Channel
... raw measurement data, user records, conformity, error limits, LEDs, piezo sensors, attentive measurement operation, incorrect approvals ... read on ►
Raw measurement data before the Saarland Constitutional Court
On May 9th, 2019 we were able to follow the oral hearing before the Saarland Constitutional Court in case Lv 7/17.
The court opened the hearing by stating that
"Anyone who has the right to defend himself must also have the opportunity to defend himself." ... read on ►
Again and again RSV - current developments and problems
It runs like a red thread through the work of the last few months: Legal protection insurers are increasingly trying to reduce or circumvent their agreed performance obligations:
The key words of the argument are always the equation ... read on ►
General opinion on piezo measuring devices
Lately there have been an increasing number of inquiries (and problems) regarding piezo measuring devices from different manufacturers.
We have prepared our general findings on this problem based on case studies and go into specific device-specific features and current judgments.
Our detailed statement can be downloaded from our information library. read on ►
ES3.0 and LED: incorrect measurement proven
With reference to our publications in the same place from October 30, 2018 and December 11, 2018, it is now proven that incorrect measurements occur. In the joint publication of the VUT with the engineering offices Bladt and ISH it could be shown that the measured speed in the case under consideration is not determined by the driving speed of the car but by the pulse frequency of the LED.
Again, it should be pointed out that a test of a measurement process with ES3.0 can only be technically expedient if the authorized expert is able to independently test the raw measurement data without resorting to software from the manufacturer ESO.
It remains to be seen whether the PTB is now in a position to discuss the submitted evaluations in a technically sound manner or whether the findings will again simply be negated by experts. read on ►
ES3.0 and LED - only an expert opinion brings clarity
In the meantime the general daily press has also found it: LED headlights can influence the light-sensitive ES3.0 measuring device during the measurement process.
The expert Dr. Mathias Grün has been dealing with this problem for a long time at VUT (we reported back in November 2017), the previously known statements by PTB on this are once again unsatisfactory.
What is it all about? read on ►
PTB statement on ES3.0 and LED - Expectable and irrelevant
As early as November 2017, we reported that after evaluating raw measurement data for the ES3.0, it was found that LED headlights can influence the measurement values on measured vehicles.
From this knowledge the question arose whether the LED problem (pulsed light influences the light-based measurement technology of the ES 3.0) was already known when the measuring device was approved and was / could be taken into account in the approval tests.
PTB has now reacted to these findings with some delay ... read on ►
Vidit VKS 3.0 and the question of valid approval
We have already viewed the VKS 3.0 critically in the past. If you take a closer look at the measuring device, considerable doubts can arise as to whether it is even possible to speak of a standardized measuring method here.
Rather, we are of the opinion that each individual measurement must be checked in detail, since the assignment of a measured value to an affected person (also according to the manufacturer and PTB) is not part of the approval of the device.
In practice you would have to ... read on ►
PoliScan Family Meter Fraud?
What has almost been dismissed as hysteria for years has now apparently occurred.
In a procedure before the AG Wismar (decision of 13.06.2018, Az .: 15 OWi 235/18) manipulations of .xml files were noticed. Consequence: the proceedings were terminated and a criminal complaint was filed.
The AG Wismar follows many experts in its opinion, because it is of the opinion that if the distance values deviate from the specifications of the type approval (50 m - 20 m), there is no correct measurement.
It is therefore well known in the local environment that methods with such deviating distance values are regularly set.
After a deviating distance value (start of measurement at 50.30 m) in the xml data has actually been determined in the individual case in question by a VUT report and this fact has been brought to the attention of the court, what the VUT has been warning of for years occurs. ... read on ►
Is there still order in the fine proceedings? Review of the Saarbrücken Transport Congress 2018 and effects of the constitutional judgment from the Saarland
The 4th Saarbrücken Transport Congress took place on June 1st, 2018. The contributions of the speakers and the discussions of the participants have shown that there is still a lot going on.
Noticeable: the content of all contributions could be linked to the recent decision of the Saarland Constitutional Court.
This shows once again the scope of this decision, which according to speaker Prof. Dr. Brenner from the University of Jena should at least have a signal effect for the other federal states.
In any case in Saarland, at the AG St. Ingbert, this decision has already borne fruit and gives the defense counsel in the OWi procedure clear instructions ... read on ►
Addendum to the news from May 29th, 2018 - Or: deceptive hope
First of all, it should be noted that after the publication we actually received an initial declaration of conformity for a Vidit VKS 3.0.
The manufacturer also contacted us. After no consensus could be found in this exchange, Vidit published a statement on its website.
However, we still cannot agree to the statements made there ... read on ►
Is Vidit VKS 3.0 being marketed in compliance with the law?
On 01/01/2015, the Measurement and Calibration Act (MessEG) came into force. For measuring devices that are placed on the market after this deadline, a conformity assessment must have been carried out in accordance with Section 6 and a declaration of conformity must be available.
A calibration does not represent a means of avoiding this necessity.
It is noticeable that we have received such documents from almost all device manufacturers over the past 3.5 years - just not from Vidit Systems (manufacturer of the VKS 3.0) ... read on ►
The Constitutional Court makes it clear - the person concerned is entitled to raw measurement data and not only that
What has been demanded again and again from many sides for years, the Saarland Constitutional Court has now in a judgment (decision of April 27, 2018, Az .: LV 1/18) with the repeal of the Saarbrücken Higher Regional Court (decision of October 25, 2017 , Az .: Ss RS 17/2017 (30/17 OWi) confirmed.
The person concerned has a constitutional right to inspect the raw measurement data.
But the Constitutional Court even goes further ... read on ►
Unfounded scolding at AG Jülich - the current PTB statement
The PTB has published a statement on the fulfillment of the EMC requirements by XV3.
The determination of the fulfillment of this requirement is part of the tests aimed at the approval of a device type for calibration.
The question of whether the XV3 complies with EMC requirements has preoccupied everyone involved since 2015 (we reported). When it became known at the time that the connecting cables on several devices, including the prototype tested by PTB, were too long, PTB wrote to the manufacturer that he would have to retrofit all devices despite a check by an EMC laboratory.
In terms of measurement technology, there were no concerns, but there was no legal basis to issue an approval for the longer cables.
To this day, nothing has changed ... read on ►
Jenoptik remains true to itself
Everyone is talking about the TraffiPhot III measuring device from Jenoptik Robot GmbH.
Unclear information about the requirements for a measuring point unsettles users and those affected. The manufacturer claims that there is no impairment of measurement reliability. Dealing with the ambiguities, however, is part of a long series of irregularities that have lasting damage to the manufacturer's credibility.
What exactly happened? read on ►
Help with the cover letter - LG Wuppertal on the need for an expert opinion
Time and again, we receive inquiries from lawyers who find it difficult to obtain coverage from the legal protection insurer. The RSV require a justification why in individual cases it is necessary to obtain an expert opinion in the pre-litigation procedure.
The recent decision of the LG Wuppertal (decision of 08.02.2018, Az .: 26 Qs 214/17) deals with a dispute between the defense lawyer and the cost center of the local court. Fortunately, however, it also provides the perfect answer to the blocking attitude of legal protection insurers ... read on ►
AG Jülich: Approval of the XV3 is incorrect
At the beginning of December 2017, the Jülich District Court (ruling of December 8th, 2017, Az .: 12 Owi-806 Js 2072 / 16-122 / 16) denied the suitability of the XV3 measuring device from Leivtec as a standardized measuring method and acquitted the person concerned.
The detailed technical justification of the local court is based on several technical reports and representatives of the PTB have also had their say. Nevertheless, it is clear to the panel: the device approval for the XV3 was incorrect. However, a case-by-case check is not possible due to raw measurement data that has not been saved, therefore acquittal.
But what exactly is wrong with the PTB approval? read on ►
Problems with legal expenses insurance?
In the past, we have already successfully taken legal action against the idiosyncratic payment behavior of a large legal expenses insurer. Recently, there have been increasing indications that some legal protection insurers are again trying to limit their payment obligations or to intervene significantly in the exercise of their defense.
As far as we know, nothing has changed in the legal situation ... read on ►
ES3.0: What good is the calibration certificate if measuring devices cannot be identified?
So far, like all other parties involved in the procedure, we have assumed that every measuring device used in official traffic can be individually and unequivocally identified, namely by means of the device number.
The vast majority of measurement reports, for example, refer to this device number. Above all, however, the device number establishes the connection between the calibration certificate and the individual measuring device.
When researching our in-house measuring device database, however, a case has emerged that calls this link into question ... read on ►
Encryption chip security vulnerability
During investigations by Czech computer scientists it was found that chips from Infineon contain a faulty algorithm for generating public and private keys.
This was also discussed on relevant German websites.
It is precisely this generation of only a small proportion of possible keys that is repeatedly denounced in our reports. This is because it means that the secret key can be determined by trial and error.
The attack scenario outlined is therefore quite realistic and not - as has often been suggested - a theoretical pipe dream ... read on ►
Insufficient evidence for variable message sign systems (VMS systems)
Why do lawyers repeatedly commission expert reports? Why are authorities, courts and insurance companies repeatedly burdened with a lot of work and unnecessary costs? The measuring devices used have been thoroughly tested and approved and no one can have any interest in improperly performing measuring procedures.
Again and again, experts in the field of traffic monitoring have to grapple with such points of view. And again and again new incidents like in Heumar come to light ... read on ►
System error with ES 3.0? The raw measurement data give the hint!
The discussion about raw measurement data continues unchanged. The fact that the case file had to be made available to the defense seemed to be gaining ground. Current decisions, for example by the Higher Regional Court of Bamberg (decision of August 24, 2017, Az .: 3 Ss OWI 1162/17), however, indicate another U-turn in this problem.
The current findings on measurements with the ES 3.0 are all the more important. During measurements of vehicles in which LED headlights were apparently installed, we were able to discover new effects on the raw measurement data ... read on ►
Distraction attempts by Leivtec
Without precise knowledge of the circumstances, criticize a local court, attack experts and redefine the "state of the art of science and technology" - who will believe it? read on ►
Correction to the newsletter from 02.09.2015: Do you need additional tolerance for speed measurements with TraffiStar S330?
As always represented by VUT, we are happy to face constructive criticism:
Dipl.-Ing. Rohm from the ifu company advised that there would be a discrepancy between the descriptions in the above newsletter and those in the report on the Traffistar S330 from our company.
We would like to thank Mr. Rohm for pointing this out and have corrected the additional tolerance from 3 km / h (or 3%) to 1.5 km / h (or 1.5%) in the new version of this newsletter. This reduction resulted from a reassessment of the cancellation criteria, which was carried out by VUT after the newsletter was created. read on ►
Detailed statement: Why the standardized measurement method only works with raw measurement data
Two measurement methods in which no raw measurement data are saved (Leivtec XV3 and TraffiStar S350). Two decisions from Neunkirchen and St. Ingbert. Two acquittals that show in a clearly structured way: there can be no conviction without the retrospective verifiability of a measured value.
More and more local courts are following this line of argument ... read on ►
It all depends on the altitude - the TraffiStar S350 has to be switched off in Halle (Saale)
In our reports for laser scanners measuring devices (e.g. Vitronic PoliScan or TraffiStar S350) we have long been pointing out that the installation altitude is fundamentally important for correct measurement value acquisition. Due to a lack of documentation (the installation height is not always noted in the measurement protocols) or a lack of technical requirements (PoliScan with software 1.5.5), subsequent checks are often not possible.
In most cases, it is then pointed out that the measuring staff or, in the case of stationary systems, the installation companies always set up correctly.
The events in Halle now teach us better. read on ►
After ES3.0 now XV3! The battle for raw measurement data continues (TraffiStar S350 next?)
In addition to many documents in individual cases, Leivtec has now also issued a general statement on our work. In it (as, incidentally, also by the PTB), attempts are still being made to make the deletion of raw measurement data nicely.
However, two simple examples prove the lack of credibility of these statements and two current and very readable decisions from the Saarland underpin our point of view:
no standardized measuring method without verifiability on the basis of raw measurement data.read on ►
Trumpism at PTB or "I make the world as I like it"
A reinterpretation of the wording of the PoliScan approval, an attack on the professional status of the expert in the OWi procedure and renewed misleading with regard to the PoliScan speed measurement procedure. All of this can be found in a current official statement from PTB on the PoliScan speed measuring device.
The fact that the PTB is in the "warehouse of the device manufacturers" is often accused (also on our part). But once again she feeds this reproach by presenting assertions and opinions as facts and irrefutable truths, instead of facing an open discussion appropriately and according to your position and task. read on ►
Prohibition of the use of evidence in Hesse: It is worth taking a closer look!
In the past, it was repeatedly criticized that compliance with requirements in the OWi procedure, regardless of the source (instructions for use, ministerial decrees, PTB approval), should not be too petty.
A current and very readable decision of the AG Weilburg (decision of March 20, 2017, Az .: 40 Owi 6 Js 4852/16) now teaches us better: it is worth taking a closer look. Because compliance with the rule of law is not a sure-fire success, but has to be repeatedly subjected to judicial control.
The chairwoman of the Weilburg procedure had to determine this, because the arbitrariness with which the authority proceeded here ... read on ►
AG Stralsund confirms for S350: No standardized measuring method without verifiability
The AG Kassel had already acquitted in August of this year (Ref .: 386 OWi - 9643 Js 8224/16, without reasons) (we reported). The AG Mannheim recently confirmed this trend for measuring devices of the PoliScan family.
In a decision that is worth reading and with a concise justification, the Stralsund AG has now denied that the TraffiStar S350 measuring method is suitable as a standardized measuring method. read on ►
AG Mannheim and the end of the standardized measurement process?
The AG Mannheim recently in a resolution (decision of November 29, 2016 Ref .: 21 OWi 509 Js 35740/15) denied the suitability of the measuring devices of the PoliScan family as a standardized measuring method. The basis of the decision was above all the fact that ... read on ►
Higher Regional Court Brandenburg contradicts the PTB - and the PTB itself
Once again it is about the "life file" or as one should perhaps say based on the MessEG the "user records".
In an idiosyncratic interpretation of the reasons for the law, PTB believes it can establish that the user records are only intended for the calibration authorities. The OLG Brandenburg has now countered this in a positive decision ... read more ►
PTB tested and yet hacked - the fairy tale of infallibility
On September 15, 2016, the company Kaspersky showed that it can access the live images from speed cameras across Germany via the Internet. But that's not all. The PTB-tested "speed cameras" can even be reprogrammed conveniently from home - with far-reaching consequences.
The Kaspersky article deals generally with information technology problems of the “Smart City”. In the course of the research, IP addresses of speed cameras were also discovered at random. A targeted research showed that a large number of "speed cameras" open and unencrypted can be reached on the Internet. This means that they can also be influenced via the Internet. The article cites the selective deactivation of the entire monitoring system and individual lanes as examples of changes that can be carried out comfortably from home.
So are the PTB-tested devices not safe after all? read on ►
Does the PTB encourage systematic destruction of evidence?
The deleted raw measurement data from the TraffiStar S350 measuring device is making a name for itself again. After the time information for the measuring points was deleted and a plausibility check is no longer possible, the AG Kassel acquitted the person concerned (AZ: 386 Owi 9643 Js 822/16, we reported to VUT Newsletter 10/2016).
The PTB has also commented on the question of the need for additional data such as the time information in the measurement files and explains, among other things, the following: read more ►
Do all measurements with the Jenoptik TraffiStar S350 measuring device have to be set?
Once again, the importance of the raw measurement data for checking speed measurements becomes apparent.
Missing time information in the measurement file led to an acquittal in front of the AG Kassel at the request of the public prosecutor. The background according to the responsible court spokesman: "The technology does not make a travel-time calculation comprehensible".
When the software version of the Jenoptik TraffiStar S350 measuring device is changed, a plausibility check of the measurement file by an expert is no longer possible ... read more ►
Refusal of the measurement file to those affected - a violation of Article 103, Paragraph 1 of the Basic Law?
Again and again we receive negative responses to our file requests or, in PoliScan cases, we only receive the encrypted tuff files without tokens and passwords from some fines. The administrative authorities nationwide do not agree on a procedure, nor do the fines appear to be able to agree internally on a direction. At VUT, we sometimes receive a completely fulfilled requirement, sometimes a negative decision and sometimes an incomplete response from the same administrative authority.
There are three current OLG decisions that deal with the issue in the context of legal complaints for the release of this measurement data and the associated key. read on ►
ES3.0 - When expert practice overtakes case law
We are increasingly receiving information from lawyers that they do not receive the raw measurement data in proceedings with ES3.0 measurements or that the courts are refusing to decrypt the raw measurement data.
The struggle to decipher the raw measurement data is also no longer necessary. read on ►
A bang in front of the AG Neunkirchen
Two weeks ago we reported on the proceedings pending before the Neunkirchen AG. An acquittal has now been issued in both proceedings (judgments are not yet available). However, the argumentation corresponds to the view also represented here:
With its procedure, the municipality violates the clear decree in Saarland with its "sight of the eye".
It remains to be seen what these judgments mean for practice in Neunkirchen.
But they once again clearly show the practical relevance of the topic, which was the focus of our traffic congress in Saarbücken last year.
What does this mean for the defense? read on ►
PTB has not checked the quality factor with the ES3.0
In the current version (as of April 6, 2016) of the PTB statement on the judgment of the AG Meißen, an attempt is made once again to dispel any doubts about the ES3.0 measuring device.
In fact, however, the existing doubts are compounded. Because in addition to fundamental difficulties in understanding the terminology of the correlation, the PTB also reveals omissions in its own test procedure and the appearance to the outside world. read on ►
Measurement data encryption - ESO is slowly bucking!
Since the software 1.007 was introduced in the middle of 2013, ESO has been encrypting the raw measurement data in an unauthorized manner (see judgments LG Halle, OLG Naumburg), thus preventing an evaluation by experts. In response to multiple criticism, the fee-based services of the "online evaluation tool" esodata.esoDigitales.de and decryption were made available at the eso company.
Not only we but also the lawyers and courts, as for example the judgments from Meißen and Bad Kissingen show, did not consider this "accommodation" to be sufficient.
And the massive pressure - including judicial pressure - of the past few months is clearly having an effect.
For a few weeks now, ESO has been selling a new version of the EsoViewer SV evaluation program. read on ►
Is the traffic monitoring of the city of Neunkirchen illegal?
In a proceeding before the AG Neunkirchen, the traffic monitoring of the city of Neunkirchen is currently under scrutiny. The procedure is also the subject of local reporting.
Once again it is about the participation of private individuals in the OWi procedure. In the reports, the grievances are compared with a judgment of the AG Kassel (judgment of April 14, 2015, Az .: 385 OWi - 9863 Js 1377/15).
However, according to our opinion, the case is clear. read on ►
AG Bernau follows the unscientific working method of PTB and DEKRA
According to a letter from AG Bernau, the Bautzen Police School commissioned DEKRA to technically investigate the much-cited judgment of AG Meißen from last year. The question arises as to why such an investigation is commissioned by the police school and not by AG Bernau in one of its "dormant" proceedings.
The result is now available to the AG Bernau and could contribute to a further discussion about the controversial measurement method ES3.0 if the court did not refrain from disseminating the investigation. Instead, only the interested lawyer should ... read on ►
No standardized measuring procedure for measuring devices and software changes according to the new calibration law?
The 54th VGT in Goslar is now one month over. Time enough to process the impressions and to deal with the recommendations of the AK V in detail.
For measuring devices that were introduced after 01/01/2015 or that have undergone a software change, the case law on standardized measuring methods should not be applied. But that's not all. The obligation to save and hand over all data ... read on ►
Attack of the PTB on the acquittal of the AG Meißen on ES 3.0 is unfounded
The acquittal of the AG Meißen (Az. 13 OWi 703 Js 21114/14) on May 29, 2015 caused quite a stir at the time. On 112 pages, the suitability of the ES 3.0 as a standardized measurement method was questioned.
All those who now hoped to rethink the handling of the ES 3.0 have done their calculations once again without the Physikalisch-Technische Bundesanstalt. According to a current official statement from PTB, the reasons for the judgment should be based on serious misunderstandings of ES 3.0.
The declaration of the PTB is in no way suitable ... read on ►
PTB as a private service provider?
The new MessEG and the new MessEV are now in force for one year. The conformity assessment procedure introduced has raised many new questions. The traffic court day in Goslar and the Saarbrücken traffic congress will deal with this topic in detail in the coming year. At a meeting of PTB, the Hessian police and representatives of the Frankfurt Higher Regional Court ... read on ►
Decision AG Hildesheim - withholding the raw measurement data is a restriction of the defense option
Last week there was an interesting post on the Burhoff online blog on the "impending abolition of the separation of powers" in Hesse. The scope of an agreement between executive and judicial state power in terms of administrative procedural aspects should be assessed from a legal point of view. From a technical point of view, the result of the agreement - the letter from the Kassel Regional Council mentioned in the blog post - is simply wrong. In any case, it is gratifying that the AG Hildesheim in a resolution last week ... read on ►
Always trouble with legal expenses insurance
The regulatory behavior of individual legal protection insurances is a mystery for many. With reasons that are sometimes more and sometimes less original, invoices can be reduced at will. An approach that affects the policyholder, his lawyer and us as experts alike. So it was time to put this payment policy to the test. Does the legal protection insurance have to pay for additional reports, for example? Yes ... read on ►
AG Meißen - The end of the single-sided sensor ES3.0 as a standardized measuring method?
Last week we reported on the publication of the judgment of the AG Meißen on ES3.0. Does this herald the end of the ES3.0 as a standardized measuring method? read on ►
AG Meißen certifies ES3.0 incorrect measurement results and the PTB that it did not check the procedure properly.
The AG Meissen is currently causing a stir with a 112-page judgment dated May 29, 2015 (Az .: 13 OWi 703 Js 21114/14).
The presiding judge deals in detail with the ES3.0 measuring device.
In particular, the questioning of the eso development manager who was invited as a witness not only casts doubt on the suitability of the ES3.0 as a standardized measuring method, but also on eso's understanding of its own measuring device and the underlying measuring principle. read on ►
Case files without signature - destruction of evidence
Recently, we have been receiving case files from Jenoptik measuring devices that do not have the digital signature. Such case files are not usable: According to the type approval and PTB, only the signed case file is the unchangeable evidence and without evidence there is no conviction. read on ►
Following the traffic congress 2014: acquittal at PoliscanSpeed because of changeable framework
On August 4th, 2014, the Bremen court acquitted an alleged traffic offender from the charge of exceeding the speed limit. The interesting thing about it is not only the rarity of acquittals in this area, but also that the court or the expert takes up the statements from the Transport Congress 2014 practically 1: 1: Vitronic measuring devices cannot be a standardized measuring method because. .. read on ►
Do you need additional tolerance for speed measurements with the TraffiStar S330?
TraffiStar S330 (short: S330) has been approved in Germany since 2003 and recognized as a standardized measuring method. Since 2003 there have been discrepancies between the approval requirements and the approval of S330. There is a risk that a person concerned will not be accused of the lowest speed value, but of a certain one of the three measured speed values. This can also be the highest. The maximum deviation is initially given by the traffic error. read on ►
Seminar on October 1st, 2015 in Plauen - There are still places available
On October 1st, 2015, the AnwaltVerein Vogtland e.V. and VUT Verkehr organized a seminar on the subject of "How do I properly claim an expert - before and in court?" There are still places available. read on ►
Use of esoData.esoDigitales.de when evaluating OWis is dubious
In numerous third-party reports submitted to VUT for testing, the activity of the experts when measuring with the ES3.0 is limited to checking the plausibility of the photo position or length of the signal recording or an evaluation via the online portal offered by the manufacturer (esoData.esoDigitales. de) read on ►
XV3 measuring devices obviously not in conformity with the approval!
As we learned from a letter from PTB dated May 22, 2015, there are problems with device approval for numerous XV3 devices. This involves the prescribed length of a connection cable between the computer unit and the control / radio receiver. This is in the approval with "< 3m“="" angegeben.="" tatsächlich="" haben="" prüfungen="" gezeigt,="" dass="" diese="" länge="" in="" der="" praxis="" in="" vielen="" fällen="" überschritten="" wird.="">
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