Landmark Ruling on Radar Enforcement in Chefchaouen

In a important legal challenge to current traffic enforcement practices, a court in Chefchaouen, Morocco, has invalidated a speeding ticket issued based on data collected by a concealed radar device. The ruling, delivered on March 19, 2025, not only mandates the reimbursement of the fine to the affected individual but also requires the Moroccan state treasury to cover the legal expenses incurred.

The case: Challenging the Legality of Remote Radar Data

the case originated when a lawyer from Tetouan was stopped by the Royal Gendarmerie for allegedly speeding on a national highway. The lawyer requested to examine the radar equipment adn photographic evidence supporting the violation. This request was denied, leading to a legal challenge based on the method of evidence collection.

The lawyer argued that the officer who issued the ticket did not personally witness the speeding offense.Instead, the ticket was based on data transmitted by another officer operating the radar equipment from a concealed location. This practice, the lawyer contended, violates the basic legal principle that the reporting officer must directly observe the infraction.

A violation cannot be steadfast on the basis of data from an anonymous source or through an intermediary who is not mentioned in the official report.

Court’s Decision: Upholding the Principle of direct Observation

The court sided with the lawyer, asserting that relying on measurements from an “invisible” colleague is legally unsustainable. The verdict emphasizes the necessity of direct observation by the reporting officer to ensure the validity of a traffic violation. This decision could have far-reaching implications for how speeding is enforced in Morocco, perhaps requiring a re-evaluation of current radar deployment strategies.

This ruling highlights a growing global debate surrounding the use of technology in law enforcement and the importance of transparency and accountability. Such as, in many European countries, strict regulations govern the use of automated speed enforcement, including requirements for clear signage and regular calibration of equipment. According to a 2024 report by the European Road Safety Observatory, public trust in automated enforcement is substantially higher when these safeguards are in place.

Implications for Future Enforcement

This ruling raises questions about the legality of other similar fines issued based on remotely operated radar systems. It may prompt a review of existing protocols within the Royal Gendarmerie and potentially lead to legislative changes to clarify the rules surrounding evidence collection in traffic enforcement. The decision also underscores the importance of due process and the right to challenge evidence presented by law enforcement.

related Developments

This case follows previous discussions regarding the legality of mobile flash units in Morocco and restrictions on the use of WhatsApp by the Moroccan Gendarmerie, indicating a broader trend of scrutiny surrounding law enforcement practices and technology adoption within the country.