Regarding: Appeal of decision of the State Road Traffic Safety Inspection (traffic police) body on bringing to administrative responsibility pursuant to article 1, part 122 of the Administrative Offence Code of Ukraine for overspeeding by 22 km/h.
Partner: Dmitriy Titarenko
Court: Central District Court of Simferopol
Dates: November, 2009.

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Comment: The decision on bringing to administrative responsibility by the traffic police body was made based on the offence registered by the Visir device. In making its decision, the court concluded that the Visir device readings might not be considered as competent evidence. First of all, the Visir device should be subject to certification and metrological inspection in order to make a conclusion on error percentage. Secondly, any Visir device has to be accompanied with the certificate of correspondence or the positive conclusion based on the results of state expertise. Thirdly, all Visir devices are not operated automatically, but by traffic police officers. In addition, the protocol on administrative offence does not contain the note on explanation of rights pursuant to article 268 of the Administrative Offence Code of Ukraine.