Trafico Fines Based on Drone Data – Are They Legal?

The Automovilistas Europeos Asociados (AEA) / European Drivers Association questions the legality of drone fines for lack of legal guarantees and warns that they are appealable.

On the occasion of the second special summer traffic operation in which Tráfico has announced that it would use drones, the organization questions the validity of the fines if the infractions are not directly observed by Civil Guard officers (Tráfico Officers are part of that).

In this way, they consider that the sanctions for infractions that have been observed by officers authorised to do so, are equated to those that have been verified by public employees of the DGT Air Media Unit (UMA) or even those captured by “automated technical means” as in the case of infractions captured by cameras for not wearing a seatbelt or talking on your mobile.

The AEA “celebrates”, however, the use of these remotely piloted aircraft for traffic regulation missions, but warns that these sanctions could be challenged for failing to meet the necessary legal guarantees.

Specifically, it warns that UMA officials are not authorised officers so that only those formulated by direct observation of Civil Guard officers and not by DGT officials would enjoy the presumption of truth, because ” they are the only ones with the status of officers of the authority in charge of traffic surveillance. ”

On the other hand, it claims that at this time “no drone” is subject to “any technical control” that certifies its correct operation in accordance with the Metrology Law and adds that the metrological tests to which these devices have been subjected according to the DGT “Only have the character of voluntary tests of equipment that do not guarantee their proper functioning nor the inalterability of images.”

Therefore, the organization considers that before initiating any sanctioning procedure with image capture systems of “doubtful legality”, the DGT should promote a “greater physical presence” of the Civil Guard on the roads and return to its agents “the role that corresponds to improve road safety and traffic regulation. ”

Thanks to Noticias Juridicas for this info.

Info on how to appeal a Traffic fine from our website.

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Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.