A driver had a speeding ticket overturned in court due to a police officer's TruCAM
The Eighth Administrative Court of Appeals overturned a patrol police order imposing a fine for speeding, ruling that the speed measurement taken using a handheld TruCAM device did not comply with legal requirements. The court also dismissed the administrative offense case.
The driver of a BMW X3 was fined under Part 1 of Article 122 of the Code of Administrative Offenses after a patrol officer in Kyiv recorded the vehicle traveling at 79 km/h in a built-up area where the speed limit was 50 km/h.
The violation was recorded using a TruCAM laser speed gun.
The driver challenged the ruling in court, noting that the police officer had taken the measurement while holding the device in his hands, even though, in his opinion, Article 40 of the Law of Ukraine “On the National Police” does not provide for such a method of using the technical device.
The court of first instance denied the claim, stating that the TruCAM’s technical specifications allow for operation in handheld mode, and that the manner in which the device is held does not affect the admissibility of the evidence.
A panel of judges of the Eighth Administrative Court of Appeal reached the opposite conclusion.
The court noted that Article 40 of the Law of Ukraine “On the National Police” establishes the procedure for using technical devices to detect and record violations. In the court’s view, such devices must be mounted or positioned in the manner prescribed by law, specifically along the outer perimeter of roads and buildings.
Since the TruCAM was held in the police officer’s hands during the speed measurement rather than being installed in accordance with the requirements of the law, the measurement results cannot be considered valid evidence.
The court also emphasized that Article 40 of the Law does not provide for the use of such a technical device by holding it in one’s hands during speed measurement.
Following the review of Case No. 461/1766/26, the appellate court:
- overturned the decision of the Halytskyi District Court of Lviv;
- granted the driver’s claim;
- overturned the patrol police’s order imposing a fine;
- dismissed the proceedings in the administrative offense case;
- ordered the Patrol Police Department to pay 1,664 UAH in court fees to the plaintiff.
The ruling took effect on the date of its adoption, is final, and is not subject to cassation appeal.
As a reminder, as of June 28, more than 2 million citations for speeding have already been issued in Ukraine using automated traffic enforcement systems.
As a reminder, the police have warned Ukrainians about fake fines for traffic violations.
Fines for speeding will increase sharply in Ukraine.
Over the past year, the number of reserved workers in Ukraine has increased significantly—by approximately 300,000 people—and the number of enterprises recognized as critically important to the economy has also risen. The government attributes these changes to the expansion of the exemption mechanisms, particularly for regions near the front lines, and is preparing to update the regulations.
