Use of Digital Devices in Road Traffic Control – a Threat to the Principle of Proportionality

Description

It is undeniable that the digitalization of road traffic control has become an integral part of the daily life of the police and drivers. The benefits of digital devices used in road traffic control are also undeniable. However, this article is devoted to the potential risks associated with the use of these devices. The purpose of the article is to draw attention to the potential risks if, along with the digitization and automation of control measures, the procedures to be performed by the personnel involved in the control measures and the legal system are not properly adjusted. One of the most significant risks is related to the possibility of applying disproportionately harsh penalties.. The article is based on the research of the practice of the national and European Court of Justice regarding the use of digital road traffic control devices, as well as the research of the system of national and European legal norms, supplemented by the analysis of specialist publications.. It can be concluded that there is a diversity of opinions in the area of the principle of proportionality of penalties in relation to violations in road traffic recorded by digital devices. At the same time, it can be concluded that the threat to the principle of proportionality is not created by the devices themselves, but by gaps in the system of substantive and procedural legal norms, which are insufficiently adapted to new conditions.. Amendments to the Law on Administrative Responsibility and industry legislation are necessary to prevent the possibility of one continuous violation being considered as several separate violations, as well as the possibility of creating separate sets of violations that completely overlap.

Period	29 Mar 2023
Event title	RSU Research week 2023: PLACES
Event type	Conference
Conference number	3
Organiser	Rīga Stradiņš University
Location	Rīga, LatviaShow on map
Degree of Recognition	International