Tempo 60 due to breakdown: – Wrongly penalized in the Gleinalm tunnel?

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A lawyer from Graz investigated the speed limits in the Gleinalmtunnel. The case is now before the Constitutional Court.

Attentive “Steirerkrone” readers should already be aware that you do not always have to pay for a ticket automatically immediately. Especially if the Graz lawyer Christoph Rappold has his fingers in the pie. Because the resourceful lawyer is guaranteed to discover an illegality.

Reduced speed due to breakdown: speeding ticket fluttered into the house
As apparently also caused in the current Gleinalmtunnel. Due to a breakdown, the speed limit in the tunnel was 60. “I braked too late when there was a limit of 60 km/h and immediately hit the radar,” he says. “In principle, the maximum speed in the tunnel is 100. Due to bad luck, the speed was rightly limited to 60 km/h.”

Nevertheless, he filed a complaint against the fine of 60 euros – and behold, during the review by the State Administrative Court (LVwG) it was found that the responsible Asfinag had not fulfilled his legal documentation requirements regarding the start and end of the limit. This speeding ticket and many others would therefore be illegal.

Unlawful conduct investigated by the Constitutional Court
The highway and highway manager explained in a statement that the content, time and duration of the speed display would be automatically captured by the system. However, due to the large amount of data, these documents are available for a maximum of one year. “A documentation would have been reasonable. A printout or a handwritten note would suffice for this,” writes the LVwG.

Now the Constitutional Court in Vienna must decide who is right in the case.

Source: Krone

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