Being filmed while driving down a country road by another driver

77 posts in this topic

Hello,

 

Background - I was driving normally in B3 road where the top speed is 100 Km/Hr and noticed that due to some construction and lane joining they reduced the speed to 50 Km/hr. I immediately reduced the speed and started driving at this speed and noticed the young lady in the car behind me is very visibly annoyed. She took her phone out and started recording me driving ahead. 
 

Once the limit is ended, I sped up to 100 and again when I the speed limit zone came I reduced to 70 and she started recording me driving in front again.

 

Questions are 

 

a) I am worried that she can just complain to the police and I have to go through the unnecessary legal hassle? can she complain me for reckless driving?

 

b ) She took her mobile out and started recording me...Is it not an offence in itself?

 

c ) There is no video camera unfortunately in this area. What should I do as a precaution here?

 

Thanks and much in advance.

 

 

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It's an offense to record you.  She was probably annoyed that you slowed down and wanted to show it but there is nothing she can do against you driving at posted speed limits.

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1 hour ago, LeonG said:

It's an offense to record you.

Maybe. Sometimes. Sometimes not. It's complicated (and beyond stupid)

 

1 hour ago, LeonG said:

She was probably annoyed that you slowed down and wanted to show it but there is nothing she can do against you driving at posted speed limits.

Fully agree there. Not much use proving how the OP was following the rules while driving

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In any case, it's illegal for her to be using a cell phone while driving :) 

 

As for dashcams, according to https://www.adac.de/der-adac/rechtsberatung/verkehrsvorschriften/inland/dashcam/ it's not against the law to have one and to use it for personal use but if you upload contents to the internet, you might have a problem.  The footage may be used to point the finger when there has been an accident but in some cases a court might rule that the footage can not be used.

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4 hours ago, Erick Jobish said:

 I immediately reduced the speed and started driving at this speed and noticed the young lady in the car behind me is very visibly annoyed.

 

Its my observation that drivers here (whatever nationality) cannot bear to be behind someone who sticks to the speed limits (& I don't mean someone driving 5 - 10 kph below).

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1 hour ago, fraufruit said:

So why are dash recorders legal? Can't they be used in accident cases?

Täterschutz vor Opferschutz.

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4 hours ago, Erick Jobish said:

 

a) I am worried that she can just complain to the police and I have to go through the unnecessary legal hassle? can she complain me for reckless driving?

 

 

 

The police don't like people who come and make petty complaints about others, this is espeically true of drivers complaining about other drivers.  Even with evidence.

 

Plus what is she going to say "but officer, this person was obeying the speed limit!  In Germany!".  It may be seldom (although I do it too!), but not illegal.  Yet!

 

4 hours ago, Erick Jobish said:

 

 

c ) There is no video camera unfortunately in this area. What should I do as a precaution here?

 

 

 

Don't worry about it.  It is a one off stupid driver, who if she continues to act like this will have an accident herself at some stage.  You will probably never see them again.

As you are obeying the law then you have nothing to worry about.

 

If you continue to have problems then you could write to the local Ordnungsamt and complain about speed in that area.  They will probably send along a speed camera van a few times, catch some people and then other will be more cautious around here, for a short while at least.

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3 hours ago, msam said:

Maybe. Sometimes. Sometimes not. It's complicated (and beyond stupid)

If she was driving and recording, that is illegal by itself just like texting or talking over the phone. In general the law forbids operating any electronic devices if you have to hold it in your hand.

 

2 hours ago, fraufruit said:

So why are dash recorders legal? Can't they be used in accident cases?

To film nice roads in Germany. If stopped by police, you are filming nice German roads. If you have an accident, you say to police you were filming nice German roads and just by chance the accident was also recorded.

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1 hour ago, yourkeau said:

If she was driving and recording, that is illegal by itself just like texting or talking over the phone

Good point there

 

1 hour ago, yourkeau said:

To film nice roads in Germany

It's not so clear-cut. There was a case where someone presented camera footage of another car hitting their parked car and was given a fine for filming!

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8 minutes ago, msam said:

It's not so clear-cut. There was a case where someone presented camera footage of another car hitting their parked car and was given a fine for filming!

Obviously, when your car is parked you cannot claim you are filming your journey. In this case it is 100% illegal video surveillance, and that is not allowed.

 

In contrast, filming for your vacation/Instagram is allowed, that is not illegal surveillance.

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You need to convince them you are filming something else, and only by chance happened to film the incident.    And of course, there is discretion depending on the severity of the incident.   So, say you had an illegal dashcam running, and you get film of say, a terrorist attack which identifies the culprits you will not get fined by sharing this film with the police.

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 Here, from Wiki

 

Quote

Wird eine Dashcam erst anlassbezogen („nachträglich“) aktiviert, so sind ihre Aufnahmen stets als Beweismittel zulässig.[4] Die datenschutzrechtliche Zulässigkeit der ständigen, nicht auf einen konkreten Vorfall bezogenen Aufzeichnung sowie die Verwendbarkeit daraus entstandener Beweismittel in Zivil- oder Strafprozessen ist in Deutschland umstritten (siehe auch Verkehrszivilrecht). Eine gefestigte Rechtsprechung liegt zu beiden Fragen bislang nicht vor.

 

If a dashcam is activated on an ad hoc basis (event related / "after the fact"), then its recordings are always admissible as evidence.  The data protection law concerning the permissibility of continuous recording, which is not related to a specific incident, as well as the usability of the resulting evidence in civil or criminal cases is controversial in Germany (see also civil traffic law). Settled case law regarding both questions is not present.

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I really love this country but posts like this aggravate me to no end (no offense op).

 

The petty bs that people complain about in this country is insaine. It has instilled a culture of fear in everyone. God forbid I do something someone else doesnt like, I might get sued or told on to the police or written a nasty letter. 

 

Its sad that the op has to concern him/herself with the possability some lady with a cell phone recording of him driving might complain to the police. And its even sadder the op cares about this. 

 

I never seen such petty childish complaining and whining from an entire culture of people. How Germany has lasted for thousands of years is beyond me. 

 

 

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8 hours ago, Erick Jobish said:

Hello,

 

Background - I was driving normally in B3 road where the top speed is 100 Km/Hr and noticed that due to some construction and lane joining they reduced the speed to 50 Km/hr. I immediately reduced the speed and started driving at this speed and noticed the young lady in the car behind me is very visibly annoyed. She took her phone out and started recording me driving ahead. 
 

Once the limit is ended, I sped up to 100 and again when I the speed limit zone came I reduced to 70 and she started recording me driving in front again.

 

Questions are 

 

a) I am worried that she can just complain to the police and I have to go through the unnecessary legal hassle? can she complain me for reckless driving?

 

b ) She took her mobile out and started recording me...Is it not an offence in itself?

 

c ) There is no video camera unfortunately in this area. What should I do as a precaution here?

 

Thanks and much in advance.

 

 

Are you sure she wasn't just having heated cell phone chat with someone!!!!

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33 minutes ago, Petro6golf said:

The petty bs that people complain about in this country is insaine. It has instilled a culture of fear in everyone. God forbid I do something someone else doesnt like, I might get sued or told on to the police or written a nasty letter. 

That "petty bullshit" can result in frontal collision and death. I am nothing against people who desperately compete for best Darwin award, but she can kill not only herself but  other innocent people as well. Unfortunately, fines are very low in Germany, while there is not much difference between a drunk driver and a texting/recording/talking driver. 

 

36 minutes ago, Petro6golf said:

I never seen such petty childish complaining and whining from an entire culture of people. How Germany has lasted for thousands of years is beyond me. 

Exactly for that reason. German order.

 

The new "I don't care" generation and its approach to life are already noticeable in the society.

 

Berlin airport should name itself Petty Bullshit Who Cares Berlin Brandenburg airport.

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50 minutes ago, yourkeau said:

Berlin airport should name itself Petty Bullshit Who Cares Berlin Brandenburg airport.

 

Maybe you should strike out the word "airport".

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1 hour ago, Petro6golf said:

 

 

I never seen such petty childish complaining and whining from an entire culture of people. How Germany has lasted for thousands of years is beyond me. 

 

 

Germany came in to being as the German Empire in 1871. This was replaced by The Weimar Republic, then the Nazis, then Allied and Soviet occupation, followed by reunification in 1990. Not so long.

 

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