For whatever reason, the topic of setting up dummy speed cameras on private property directly on a road is enjoying an unexpected level of popularity. For example, in the Koblenz suburb of Lay, there is currently such a fake speed camera on the B49 federal road from Cochem towards the center of Koblenz.
Is setting up a dummy speed camera a punishable offense?
There has been a particularly high number of cases in the press on this topic over the last two years,[2] especially since criminal proceedings have been initiated against some installers for usurpation of authority in accordance with § 132 of the German Criminal Code (StGB). The main concern of the installers was that they wanted to ensure that drivers adhere to the speed limit. Where cars regularly travel at high speeds on the road, fathers are afraid for their own children. Some radar speed trap replicas look so real that some drivers actually brake for fear of incurring heavy fines.
Discontinued proceedings
In 2018, a case against the person who set up a fake speed camera was heard before the Cologne District Court[4], and he was accused of usurping official authority. However, the proceedings were discontinued due to minor fault in accordance with § 153 II StPO. The court deemed his behavior punishable, but understandable. Before setting up the speed trap dummy, the defendant had contacted the city and police several times, asking for speed checks. In Bavaria, the public prosecutor's office has dropped criminal proceedings against payment of a fine of 300 euros for a similar incident. It is questionable whether the perpetrator actually exercises a public office by setting up the speed trap or carries out an act that may only be carried out by virtue of a public office. In the Cologne proceedings, the defense had argued that an assumption of authority would only have been fulfilled after the mock speed trap had actually flashed and thus created the appearance of a speed measurement.
Lack of higher court rulings
There is no supreme court ruling on this topic yet. A press article about the new speed trap dummy in Koblenz reports that the police have not objected to the fake speed camera as long as it is on private property, nobody is blinded and traffic is not obstructed. In fact, fake speed cameras basically fulfill their purpose of enforcing the speed limit. However, the press article and the interview with the daily newspaper are likely to have damaged the goal of the person who set up the camera, as the new "radar system" is likely to be known throughout Koblenz and the surrounding area as a result of the article.
[1] Rhein Zeitung v. 30.01.20 ("Senior wants to slow down speeders with a fake speed camera").
[2] "Amtsanmaßung: Blitzer-Attrappe in der Wedemark", www.radio-hannover.de v. 21.11.19; "Was die Behörden darüber denken: Fake speed cameras slow drivers down," Rhein Zeitung, 28.11.19.
[3] "Mit der Blitzer-Attrappe gegen Raser: Darf der das?" Hallertauer Zeitung, 29.10.19; "Falsche Blitzer bremsen Raser aus - ist das erlaubt?", www.swr.de v. 9.12.19,
[4] Decision of December 10, 2018, Ref. 528 Ds 641/18.
[5] "Tinkering results in legal proceedings", www.ntv.de dated 10.12.18; Cologne District Court on usurpation of authority, www.lto.de dated 10.12.18.
[6] "Familienvater baut Blitzer-Attrappe", www.sueddeutsche.de v. 24.7.19.
[7] So does Schäpe, in Rhein Zeitung from 27.11.17 ("House residents deter speeders with speed camera dummy").
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.