The theme of automatic photofixing of infringements of traffic rules and punishments for them (the people are called “letters of happiness”) again at the hearing. The authorities in the capital announced a tender to purchase equipment that will allow you to automatically identify violators of traffic rules. Promise that when the system is working, there will be technical ability to issue fines automatically.
Lawyers specializing in protecting the rights of drivers, saying that it is illegal, as it is impossible to reliably determine who was driving. But as soon as the deputies pass a law that resolves this contradiction (the project is being finalized for the fourth month), Kiev could become the first city where drivers will be fined “automatic”.
HARDWARE AND PENALTIES. New cameras are already actively established: in the city centre at busy intersections, on highways within the city, the bridges across the Dnieper. Many cameras work, but so far serve only to monitor the situation in the city.
As reported in KGGA, the basic requirements for the second phase of equipment is much expanded: it will be able not only to determine the number of vehicles (TC), exceeding a speed limit or running a red light (yellow and red), as it is now, but also capture the journey of a crossroads in the wrong direction (where it is not allowed to rotate, turn), the traffic in the opposite lane and the lane for public transport, Parking where prohibited under applicable marks closer than 10 meters from intersections, pedestrian crossings, places of exit from the yards, repairs, closer than 30 m from public transport. All this provided for fines of from 255 to 510 UAH.
The system also needs to identify transport are wanted, not only the license plate, colour, type, which is a novelty. It is expected that full launch of the system is 10-12 months, after which Kiev will begin sending “letters of happiness”, if by that time they’ll be legal.
EXPERTS. Lawyers say that while “the letter of happiness” — outside the legal field. Although introduced in 2015, the change in Adminkodeks imposes liability for violation of traffic rules on the owner of the vehicle.
“The constitutional court recognized unconstitutional the provision of Adminkodeks so as to be personally responsible for the violation. Until you develop a clear mechanism for determining the violator, fines in automatic mode cannot be and speeches”, — said the lawyer Vadim Volodarsky.
Lawyer Vladimir Stolitny supports the proposed MPs procedure for the determination of the offender: “Claims against the owner of the vehicle but he has the right evidence to indicate who actually was driving. For legal entities — is an employee of the company, to the individual — a relative, a friend. But it is better if will be like in Germany where the camera shoots the person who was driving at the time of the violation. If it is impossible to identify, no penalty. But such equipment is much more expensive than photographing the vehicle from behind, which I want to apply in Ukraine.”
When will the law is unclear, as in June, he a second time sent back for revision. As reported by us in the relevant Committee of Parliament, the reason is that the bill does not solve the main task — to establish the perpetrator of the violation. According to a member of the Committee Valeriy Karpuntsov (PPB), even if the document is finalized, likely to be taken from him a bit: “No political force before the elections will not take responsibility to vote for the unpopular law, so as not to lose rating”.