The consequences of the admission of the appeal in the interest of the law no. 3/2018 regarding the error margin of the radar device

AuthorBogdan Sebastian Gavrila
PositionDoctoral School of Law, Bucharest University of Economic Studies, Romania
Pages52-59
THE CONSEQUENCES OF THE ADMISSION OF THE APPEAL IN THE
INTEREST OF THE LAW NO. 3/2018 REGARDING THE ERROR MARGIN
OF THE RADAR DEVICE
PhD. student Bogdan Sebastian GAVRILĂ
1
Abstract
The legal prob lem of verifying the lawfulness of the sanction for exceeding the legal speed of the offender b y
reference to the Legal Metrology Norm 021 - 05 "Devices for Measuring the Speed of Motor Vehicles (Cinemometers)"
has over time generated a non-unitary judicial practice. Some courts have annulled the fines due to the fact that the
offense retained by the investigating agent was not committed by the petitioner. Others annulled in part, framing that act
in a legal text that provides a milder sanction. The majority rejected the complaints, noting that the existence of a margin
of appreciation provided by the legal text previously indicated regarding the verification of the functionality of the radar
apparatus does not automatically equate to retaining a reduced speed level of the applicant in the application of the in
dubio pro reo principle, according to the values expressed in the Legal Metrology Rule. Through a careful analysis of
the legal texts, doctrine and judicial practice, the present study aims to clarify the implications of the Appeal in the interest
of the law in regards to the solution of the legal problem available to the courts.
Keywords: implications of the Appeal in the interest of law no. 3/2018, error ma rgin, radar apparatus, effects
on contravention complaints, Legal Metrology Norm 021 05.
JEL Classification: K14, K23, K41
1. Introduction
This article shall endeavour to make an analysis of the legal situation that has generated a
significant number of difficulties among the courts, which have come up with different solutions, in
the context in which the minutes of the finding of the contravention regarding the subjects of law
imply accusations in criminal matters of a gravity capable of attracting a ban on the right to drive and
implicitly limiting the right to free movement.
Consideration will be given to the judicial practice prior to the time of the ruling by the
High Court of Cassation and Justice, in order to identify the arguments underlying diametrically
opposed views.
Subsequently, it will be determined what the concrete effects of Decision no. 3/2018 on the
completed, pending and future processes, and formulating a most relevant point of view on the
solution to this issue.
2. Legal basis
The main issues to be covered by this paper are governed by the provisions of Article 121 of
Appendix 1 to the Government Decision 1391/2006
2
,,Vehicle drivers are required to comply with
the maximum permissible speed on the road sector on which they travel and for the category of the
vehicle being driven, as well as that imposed by the means of signalling. (2) The non-observance of
the speed regime established by the law shall be verified by the traffic police officers, with technically
approved and metrologically verified technical means.".
Also, art. 108 from Government Emergency Ordinance (G.E.O) no. 195/2002
3
regulates the
sanctions that may be applied for not fulfilling the obligation: "The commission by a vehicle,
agricultural or forestry tractor or tram of one or more contraventions, besides the sanction of the
fine, also attracts a number of penalty points as follows : a) 2 penalty points for the following deeds:
1
Bogdan Sebastian Gavrilă - Doctoral School of Law, Bucharest University of Economic Studies, Romania,
gavrila.bogdan.sebastian@gmail.com .
2
regulation of 4 October 2006 on the application of Government Emergency Ordinance no. 195/2002 on the circulation on public
roads.
3
Government Emergency Ordinance 195/2002 on the public roads, published in the Official Gazette no. 670 of 3.8.2006.

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