Germany: Federal Court rules speed cameras need not store raw data

The German Federal Court of Justice (BGH) has issued a ruling that limits a common legal tactic used to contest speeding fines. The court clarified that speed cameras are not required to store raw measurement data for a fine to remain valid.

The case originated from a driver who challenged a fine by arguing that the PoliScan FM1 device used did not permanently store the raw data necessary to verify the measurement. While some regional courts had previously expressed concerns regarding the fairness of proceedings without such data, the BGH ruled that no violation of equality of arms occurs if the data simply does not exist. The court emphasized that while authorities must provide access to existing data, there is no legal requirement for the state to create or preserve data that was never recorded.

In a related context, the popularity of speed camera warning devices, such as those from the Danish manufacturer Ooono, remains high despite legal restrictions. In Germany, using such devices is prohibited and can result in a 75 Euro fine and a penalty point in Flensburg.