The decision of the Road Traffic Police of the RA was declared invalid

• 2017-09-14

This time the person was held administratively liable for placing the vehicle at a location less than 5m from the cutting edge of the roadway.

According to Articles 3 և 6 of the Law "On Peculiarities of Administrative Proceedings in Cases of Violations of Traffic Rules Detected by Cameras" of the RA states the following: the video or photo is the only evidence proving the offense, and in the mentioned proceedings the features of the offense can be considered clarified only if the correspondence of the features of the act fixed in the video or the photo and the features of the offense is not in doubt. Moreover, in case of doubt, the circumstances should be interpreted in favor of the person.

In the present case, the video showed that the vehicle was parked at the edge of the crossing, but it was not possible to state unconditionally from the video that the vehicle was parked at a distance of less than 5m from the crossing. In other words, the video raised doubts concerning the existence of the offense, notably whether the vehicle was parked at a distance of less 5m from the crossing.

On this basis, the RA’s Administrative Court declared the act invalid.