It is a truism to say it, but the reality is undeniable. The only way to avoid being hunted by a speed camera and not have to face the fine that this offense entails is to drive within the permitted limits. Despite being a clear truth, penalties for speeding are the most frequent in Spain each year, to the point that they represent two out of every three fines imposed by the General Directorate of Traffic (DGT) on interurban roads in its competence.
Both the DGT and those responsible for Traffic in Catalonia and the Basque Country, who have their own powers in the matter, have a wide range of means, both human and technological, to hunt down drivers who step on the accelerator beyond what is expected. permitted. Agent patrols are joined by sophisticated means to control the speed of drivers. From fixed, mobile and section radars to helicopters and drones, even more active in departure and return operations, which is when the volume of traffic increases the most.
Despite the fact that the devices that measure the speed of vehicles are technologically very sophisticated, they cannot guarantee a 100% accurate measurement. For this reason, the law establishes a margin of tolerance to ensure that the radars do not issue complaints that do not conform to reality.
Although current regulations establish margins of error of 3% when measuring speeds of up to 100 km/h and 3% when this rate is exceeded -in the case of mobile radars it is 5 km/h and 5%, respectively- , the DGT applies a higher margin of error. It is what the body itself, as well as the Traffic group of the Civil Guard, call on social networks as the rule of 7.
This rule consists of applying a margin of 7 km/h when the permitted speed is less than or equal to 100 km/h, and 7% when a radar measures speeds greater than 100 km/h, that is, on motorways and expressways. . Therefore, on a road whose limit is 90 km/h, the radar will activate when exceeding 97 km/h. On the other hand, on a fast track, where the maximum speed is 120 km/h, the radar will jump from 128.4 km/h.
However, there are situations in which, despite the fact that a vehicle has been detected by a speed camera, it is feasible to avoid the corresponding fine associated with this infraction. There are five specific cases that we must take into account because at the time of appealing a sanction we automatically lose the option to benefit from the 50% bonus. Let's see them below.
Speed tickets must be supported by two images, as established by order ITC/3123/2020 of November 26. The first frame of the complaint must show "a panoramic view of the vehicle (offender)" while in the second photograph "its identification plate" must be clearly visible, that is, the license plate.
Therefore, when one or both photos of the infraction do not exist, there can be no fine in accordance with current regulations.
As previously reflected, the DGT applies a generic margin of error -the rule of 7- to penalize speeding, even when the new speed cameras are more accurate. Therefore, if a sanction is processed that does not take into account this deviation of 7 km/h where the speed limit is less than or equal to 100 km/h or 7% when it is a motorway or dual carriageway, the complaint remains without effect for not adjusting to the legal parameters.
There is a series of data that must appear compulsorily in all traffic reports. Failing to do so, the driver could appeal them by default. Some examples include cases where the report lacks precise details such as the vehicle's registration or model. It may also happen that the license plate that appears in the photograph does not correspond to that of the vehicle involved in the offence.
Furthermore, if the image quality does not allow for clear identification, it is also possible to get rid of the fine. The same occurs when the facts are not adequately described in the complaint. Finally, if the reported incident does not match the reported violation, there may be scope to avoid the fine.
The regulations establish that both the cinemometers and the cabins that house, support or protect the devices must undergo periodic controls to guarantee their correct operation. This is stated in article 12 of the ITC Order (3123/2010), which places special emphasis on the maximum permissible errors and that it works according to its design and its specific regulations.
There are precedents in which fines have been annulled due to not stating the correct state of the device or the support of the radar used, as accredited by the association for the defense of Associated European Motorists drivers.
It is possible to cancel a speeding ticket if it can be shown that the radar that has detected you contradicts a traffic signal in force at that moment. This situation can occur when the speed limit sign posted on the road differs from the speed recorded by the radar.
