Abstract
To issue citations for traffic violations where immediate interception is impossible or inappropriate, law enforcement agencies utilize scientific instruments to obtain evidentiary data demonstrating driver violations, thereby fulfilling the regulatory objectives of road authorities. Individuals subject to citations or penalties may seek legal remedies against such administrative sanctions through file claims or litigation. The primary grounds for contesting traffic violations or adjudications typically include factual errors in the citation, insufficient probative value of the evidence, violations of procedural regulations regarding evidence collection, or noncompliance with administrative legal requirements. Regulations governing “scientific instruments” in the Road Traffic Management and Penalty Act were enacted on June 7, 2002. Following multiple amendments, the revision dated December 7, 2021, stipulated that “scientific instruments must be statutory metrological instruments that have passed regular verification, and the locations or road sections where they obtain violation evidence must be published regularly online.” However, unlike the “Regulations for Setting Scientific Instruments” concerning noise, which explicitly define the use of “acoustic sensors” to measure numerical values of “noise from in-use motor vehicles,” the evidentiary data required for general traffic violations is more diverse. Common quantitative evidence—such as speed at fixed locations, passenger count, cargo dimensions (weight, length, width, height), tire tread depth, and blood or breath alcohol concentration—consists of numerical data obtained through scientific instruments. Conversely, “safe following distance” is not a simple “length value”; rather, it varies based on vehicle speed and the dynamic interaction between vehicles. Based on a comprehensive review conducted in this study, the “actual distance between two vehicles” refers to the length between the front of the following vehicle and the rear of the leading vehicle in the same lane. ” Failing to maintain a safe driving distance” implies that the actual distance is insufficient for safe driving conditions or is less than the statutory safe distance. When a driver fails to maintain a safe distance, enforcement agencies must employ scientific instruments to acquire evidence of the “actual distance.” This data is analyzed to confirm the violation, serving as the basis for issuing a Notice of Violation for “failure to maintain safe distance” under the non-intercept enforcement procedure. Most sections of freeways and expressways exhibit conditions where immediate interception is either unfeasible or unsuitable. This study employs real case examples to examine how photographs, as a medium of evidence, can effectively demonstrate violations of “failure to maintain a safe distance” for non-intercept enforcement, while minimizing potential errors. The results of this research offer a valuable reference for citation and adjudication authorities.
Key words: Scientific instruments, Quantitative photographic evidence, Non-intercept enforcement,
Administrative procedure