– It is worrying that the traffic control direction on corresponding to the high police authorities submitted the law on unfair statements, point out the criminal and procedural law professor Matti Tolvanen.Although the road to answer a traffic sign of clarity, the motorist must remember that the agglomeration is in general valid 50 km/h:no limitation. RS / VESA JOENSUU
the Controversy in a snow-covered traffic signs binding character woke up last Night-said of Saturday published the news of police speed enforcement on the road, which restriction signs were snow-covered.
the News was referred to the police road safety centre leader, captain Dennis Pastersteinin before the statement, according to which the liability in such cases is a motorist:
whether it’s a speed limit sign or any traffic sign and peittyipä it snow or for whatever reason, the responsibility is always the driver, Pasterstein comment IS.
Similar Pasterstein also commented on the recent January morning newspaper:
–Winter is always a traffic sign covered with snow somewhere in the country. We could stop the entire automatic speed control for the winter.
”Covered does not apply”
university of Eastern Finland criminal and procedural law professor Matti Tolvanen , however, knock out the police chief’s interpretation of the law wrong:
– Pastersteinin position does not match a valid law. It is worrying that the traffic control direction on corresponding to the high police authorities submitted the law on unfair statements, Tolvanen thunder.
They can, according to him, at worst, lead to the fact that road users understand to challenge the unduly received fines.
He pointed out together with traffic police of the tradition of the association with its bulletin the fact that the road sign set road, which is equivalent to the fact that they are in the road user noticeable.
– If a traffic sign has gone so bad, that it is contained in the message can reasonably be detected, the sign is traffic control as invalid. If the character is in the winter covered with snow, shall be subject to this same rule, Tolvanen stress.
”the burden of proof to the police”
the Professor said that the motorist does not need to take to clean the traffic signs in order to get the sense of, for example, the speed limit. In addition, the car stopping mark for cleaning is not always even possible, and it may contain security risks.
– it Is also so that the driver relied on the fact that the sign was snow-covered, the police or the prosecutor must be able to prove that the sign was legible. In criminal matters prevails you will see the presumption of innocence, with the burden of proof to the authorities of criminal responsibility for fulfilment of the conditions, professor Tolvanen pointed out.
Long-stemmed brush is not the motorist’s need to hold with. Of this there is also the decision of the court. The evening journal reported last October, the court of appeal decision, which overturned the motorist received a speeding ticket in a snow-covered limit sign in the area.
note
in connection with the position taken by professor Matti Tolvanen and LP:n the tradition of the association, however, pointed out that motorists have reason to remember the built-up area in general valid 50 km / h speed limit, which must not be exceeded.
Similarly, they pointed out that the highway is valid for the basic speed of 80 km/h, and road user permitted to assume that the snow-covered road signs would show this greater speed.
