Found a way to cover the camera feeder on the road

Photo and video recording has become one of the most regulated sectors of the economy today. In Russia, there are already more than 20 legal standards regulating the use of photo and video recording tools. Amongst them:

  • the current methodology for placing photo and video recording complexes, developed by the Ministry of Transport, Public Works and Water Management in 2019;
  • GOST R 57144 “Technical means working in automatic mode and with the functions of photography and filming, video recording, for the resolution of administrative violations. General technical requirements”;
  • GOST R 57145 “Technical means working in automatic mode and with the functions of photography and filming, video recording, for solving administrative violations. Rules of application”.

As well as other legal standards, such as Federal Law-196 “On Road Safety”, Federal Law-257 “On Automobile Roads and Road Activities in the Russian Federation”, the National Project “Safe High-Quality Roads”, Industry Road Methodological Document (ODM 218.6.015- 2015). Recommendations for the registration and analysis of traffic accidents on the roads of the Russian Federation, Methodological document for industrial roads (ODM 218.4.004-2009). Guidelines for eliminating and preventing the occurrence of concentration areas of accidents during the operation of highways and many others.

They placed many requirements on the operation of photo and video shooting complexes – from a description of the mandatory conditions for their placement on the roads and permitted installation sites, to the accuracy and range of measurements, as well as regulated traffic violation rules, etc.

But there is still no order with the installation of cameras on the roads. What’s the problem?

Andrey Moiseev, Associate professor of the Civil Law Department of the PRUE Plekhanov:

– The fact that the most important of these standards, namely GOSTs and methodology, are advisory in nature and not binding, and in a number of Russian regions they are simply neglected. Although in some advanced regions, in terms of ensuring road safety, its use is de facto mandatory by decision of the transport authorities. It is these regions that show the greatest decrease in the number of accidents and deaths on the roads. Legislators respond to such imbalance and heterogeneity by proposing new and new bills.

The break is completely understandable. Indeed, in the current legislation there are provisions that require modernization. The primary purpose of regulation should be to save the lives of all road users. It is necessary to improve the methodology for the placement of photo and video shooting complexes, update state standards and make compliance with these standards mandatory throughout the country. Traffic police should be given the right to overturn erroneous fine decisions without drivers’ appeal – this will eliminate most of drivers’ claims Finally, in order to keep regulations in touch with reality, it is important to establish direct interaction between regulators and regional transport authorities, the traffic police, motorist communities, manufacturers of photo and video recording systems, operators of these systems and lawyers.

But instead, legislators are vying to create new legal standards (development of a draft new Code of Administrative Offenses and uniform federal requirements for photo and video recording, amendment of highway and road safety laws). And the State Duma Committee on Transport and Transport Infrastructure went back to work on its 2018 bill. This document contains very ambiguous provisions – for example, the rejection of preventive measures to prevent accidents and the mandatory audit of road safety by organizations not yet in the country. to exist.

It is clear that in the current circumstances, such actions by lawmakers only complicate the situation. The regulation of photo and video recording is now in grave danger. Because no one coordinates the creation of new standards, they can contain anything from repetitions to statements that contradict common sense and each other. The result is a decrease in the level of safety on Russian roads.

It is essential to ensure that the regulatory framework works. To do this, it is necessary, within the framework of one integrated approach, to coordinate the legislative activities of all departments working on new legal standards for photo and video recording of traffic violations.

Perhaps the creation of some kind of center of expertise would help to consolidate the initiatives of all legislators. And it is not so important on the basis of which authority or department such a center will function – just coordinating the development of legal documents is important, avoiding fatal contradictions.

Source: Z R

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