A Graz lawyer examined the speed limits in the Gleinalm tunnel. The case is now before the Constitutional Court.
Attentive “Steirerkrone” readers should already be aware that you shouldn’t always automatically pay a ticket immediately. Especially when the Graz lawyer Christoph Rappold has his fingers in the pie. Because the resourceful lawyer is guaranteed to uncover an illegality.Reduced speed due to breakdown: speeding ticket fluttered into the houseAs apparently also in the current Gleinalm tunnel case. Because of a breakdown, the speed limit in the tunnel was 60. “I braked too late when there was a 60 km/h limit and promptly drove into the radar,” he says. “Basically, the speed limit in the tunnel is 100. However, due to a breakdown, the speed was correctly limited to 60 km/h.” it turned out that the responsible Asfinag did not comply with its legal documentation requirements regarding the beginning and end of the restriction. This would mean that this speeding ticket and many others would be illegal. Unlawful action examined by the Constitutional Court The motorway and expressway operator stated in a statement that the content, time and duration of the speed display would be recorded automatically by the system. However, due to the large amount of data, these documents are only available for a maximum of one year. “A documentation would have been reasonable. A printout or a handwritten note would be sufficient for this,” writes the LVwG. The Constitutional Court in Vienna must now decide who is right in the case.
