Laser gun speeding fines unlawful
13 November 2002
AMSTERDAM — The public prosecutor has appealed against a Leeuwarden court ruling on Tuesday which stipulated that police no longer use a laser gun to fine speeding motorists.
An RTL4 news report said the ruling was handed down in a case lodged against 15 motorists, who were being prosecuted for installing a laser shield device in their car which causes the laser gun to malfunction, effectively blocking them being fined for speeding.
But the court determined that the police use of the laser gun to fine speeding motorists is unlawful and the 15 motorists escaped a threatened EUR 225 fine. The ruling means that any fine imposed via the use of a laser gun is invalid.
The court said there was no relevant legislation permitting the use of the laser gun or any laws specifically pertaining to the use of laser equipment.
Dutch associated press ANP said the use of the police laser gun was not included in a 1993 law identifying police measuring equipment. Therefore, police may use the laser gun, but cannot fine motorists based on evidence obtained via the laser gun.
Motorists are also allowed to use laser equipment in their cars for their comfort or to help improve traffic safety, the court ruled.
[Copyright Expatica News 2002] |
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