Camera Ticket Dismissed After Driver Exploits Procedural Flaw

A Tel Aviv court acquitted a driver, Dori Tzscheler, of a 500 shekel fine for driving in a public transportation lane (נת"צ) after more than two years, despite video evidence presented by the municipality. The acquittal was not based on the content of the videos but on how they were submitted to the court.

Tzscheler, a lawyer, was ticketed on August 9, 2024, by a Tel Aviv-Yafo municipality enforcement camera for traveling in a bus lane on Derech Yaffo Street. He contested the ticket and requested a trial. During the proceedings, Tzscheler argued that the location lacked proper signage and road markings were insufficient. When the municipality presented two video clips as evidence, Tzscheler, who chose not to testify or present a defense, revealed his central argument during closing statements.

He contended that according to the 1997 Traffic Regulations (Submission of Photographs to Court), camera footage can only be admitted as evidence if accompanied by a public servant's certificate, an affidavit, or an expert opinion confirming the camera's compliance with legal standards. The municipality failed to provide any of these accompanying documents.

Judge Moshe Sarugovitz accepted Tzscheler's argument, stating that the municipality had not met the "threshold conditions" for submitting the evidence. He distinguished this case from parking enforcement, where municipal bylaws apply, noting that bus lane violations are enforced under the broader Traffic Ordinance, requiring adherence to stricter rules. The judge explicitly disagreed with a previous ruling by another judge in the same court that a parking attendant's testimony could suffice.

The municipality's arguments regarding the presumption of administrative regularity, the attendant's testimony of system functionality, and the claim of a minor flaw were rejected. The judge ruled that the evidence was inadmissible because it was submitted in violation of explicit regulations, not because it was obtained unlawfully. He also noted that Tzscheler strategically withheld his objection until it was too late for the municipality to rectify the deficiency, but still found the evidence inadmissible. The judge emphasized that the requirement does not impose an unreasonable burden, as the necessary documents only need to be prepared for cases reaching the evidence stage. He also pointed out that the ruling has a "relatively short expiry date" due to a new law in 2024 that shifts bus lane violation cases to traffic tribunals, with local courts serving as appellate bodies.