A court in Kostanay has overturned a fine imposed on legal consultant Zhaslan Baibazarov for speeding. However, the court did not issue a separate ruling on the legality of the “40 km” road sign and the “ParkRight-S” camera system, which the claimant had also challenged.
WHY THE COURT OVERTURNED THE FINE
As reported by the publication “Our Newspaper”, the decision was made by Judge Serik Amirov of the Specialised Inter-District Administrative Court for the region. Baibazarov challenged the fine issued after an offence was recorded on Chekhov Street near the combined heat and power plant.
The legal consultant also attempted to challenge the use of the “ParkRight-S” system and the road sign restricting speed to 40 km/h. However, the court did not issue a separate ruling on these claims.
WHAT ARGUMENTS THE DRIVER PUT FORWARD
According to Baibazarov, during the proceedings the police department did not refute his arguments regarding the technical limitations of the system. He cited the equipment passport, the operating manual, and the verification certificate.
Baibazarov claimed that the system could only measure the speed of vehicles in a single traffic lane and at a distance of no more than 15 metres from the camera lens, which was installed inside a patrol car. He also questioned the procedure for verifying the equipment after it had been installed in the patrol vehicle.
WHAT IS KNOWN ABOUT THE ROAD SIGN
Baibazarov also criticised the placement of the “40 km” sign on Chekhov Street. In his view, the sign may be difficult for drivers exiting a courtyard to see due to the height and direction of its installation.
The court also did not issue a separate ruling on whether this sign was lawful or unlawful.
POSSIBLE CONTINUATION OF THE CASE
Following the overturning of the fine, Baibazarov did not rule out appealing to the regional court in order to seek a ruling that the “ParkRight-S” system is unlawful.
