I. Introduction
In 2022, the so-called "MonoCam" was tested in Trier and Mainz – a traffic monitoring technology colloquially known as a "mobile phone speed camera" that is designed to automatically detect violations of the ban on the use of mobile phones or other electronic devices in road traffic within the meaning of Section 23 (1a) of the German Road Traffic Regulations (StVO). This system was loaned from the Netherlands to Germany as part of a pilot project and installed at the locations mentioned above. So far, Rhineland-Palatinate is the only federal state to use these devices.
Since numerous violations were detected during the test run and an expansion to other locations in Rhineland-Palatinate has already been announced, the project is likely to be considered a success by the authorities and will soon be used nationwide—despite constitutional concerns.
II. How it works
The mobile phone speed camera is equipped with AI technology and works in several steps. Monitoring is carried out via a live stream, which transmits traffic in real time and records all vehicles entering the monitored area. To avoid vehicles being registered twice and to prevent the passenger from being the focus of the software check in right-hand drive vehicles, the software checks the license plate in a next step. It then analyzes combinations of hand or arm positions and the presence of an electronic device. Only when such a combination is detected are images stored as positive hits. In a final step, these images are manually reviewed by police officers.
III. Criticism
Like any technical program, the system is prone to errors. False positives can occur in particular when the MonoCam mistakenly recognizes a rectangular object as a cell phone, even though it is not one. In such cases, additional analysis of gestures and facial expressions, especially speech movements, is necessary to determine beyond doubt whether it is actually a cell phone.
Furthermore, even if a cell phone is recognized, its actual use cannot always be clearly proven. Simply holding the device, for example when putting it away, does not constitute use and is generally permitted. Nevertheless, the camera still triggers in these situations. Reliable proof of actual use therefore requires the above-mentioned characteristics to be taken into account again.
However, the MonoCam has been met with considerable criticism, particularly due to constitutional concerns. The main problem is that the use of live stream technology means that all drivers are recorded regardless of suspicion, resulting in comprehensive surveillance. In its ruling of March 2, 2023, the Trier Local Court rightly assessed this as an infringement of the right to informational self-determination pursuant to Art. 2 (1) GG in conjunction with Art. 1 (1) GG, as there was no legal basis at the time. The state legislature then attempted to close this legal loophole with Section 30(8) POG. However, it remains to be seen whether this provision will withstand constitutional review.
It remains particularly critical that the MonoCam's AI runs continuously and is not only activated when a possible violation is detected. This raises the question of how far the use of this technology will go in the future – whether it will remain limited to the detection of alleged cell phone use or whether facial recognition, search comparisons, or speeding violations will also be recorded and evaluated in the future.
IV. Penalties
If you are caught by the MonoCam, you could face significant penalties.
While a standard violation results in 1 point in Flensburg and a fine of €100, a traffic violation that endangers road safety results in 2 points, a fine of €150, and a one-month driving ban. If property damage occurs during use, you face 2 points, a fine of €200, and a one-month driving ban. New drivers also face an extension of their probationary period and mandatory participation in an advanced training seminar.
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.