The Quickshift
- Action cameras and drones are often a part of riding arsenal and are stuff a lot of us carry around without thinking twice.
- It turns out there are some pretty strict rules when it comes to their use over in Germany.
- Judging on how the rules and written, it seems that these regulations surrounding drones and action cameras might be open to interpretation, and subsequently, potential abuse by the authorities.
A lot of us ride with action cameras mounted either to our helmets or on our bikes. And if you’re feeling frisky, you might even carry a drone with you to capture some scenic footage of you riding through an empty road.
And while all this is well and truly good fun, it might not be cool in all parts of the world. For example, in Germany, there are some pretty strict rules and regulations when it comes to the use of drones and action cameras. A lot of these regulations seem to be pretty vague and open to interpretation—so much so that they just might be enough to convince you to put away the camera altogether.
According to the Federal Court of Justice, filming in traffic can be considered video surveillance of public places, which is tantamount to the collection of personal data. This can in fact be punished with hefty fines and even jail time.
It’s worth mentioning, however, that the use of dashcams is allowed in Germany, but there are a few legal restrictions. For instance, saving recordings to your phone or computer for no real reason at all—thus making it a permanent recording—might pose a legal issue.
There are, of course, exceptions to this rule. These include recordings of accidents and/or suspected criminal activity. But if you’re filming your high-speed run on the freeway or your exhilarating blast up and down a twisty road, well, it seems that authorities have every reason to stop you and give you a hard time for using an action camera.
Oh, and here’s the kicker. Section 94 of the Code of Criminal Procedure states that police have the authority to confiscate and detain property and individuals if they have evidence that they were involved in a crime or a violation of rules. So yes, theoretically, police can confiscate your action camera in a random traffic stop if they suspect that you’ve been speeding. And if they find footage of you breaking the speed limit on your action cam—or pulling wheelies or dragging your knee on a twisty road, well, you’re busted.
Section 94 of the Code of Criminal Procedure (StPO) states that the police can search and confiscate people and property if they have evidence that objects are suitable as evidence of a crime or violation of rules. Although this is not permitted without reason, an action cam can nevertheless be confiscated and viewed after an accident or during a traffic check, for example, if there is suspicion of a traffic offense.
If you’re thinking that the rules surrounding action cams are pretty weird and very much open to interpretation by the authorities, well, that’s because they kinda are. As I stated above, it seems that even if all you wanted to do was capture the beautiful scenery of your ride, authorities could still detain you or confiscate your camera on the grounds of breaching the privacy of random people.
But things get even worse when it comes to drones. In Germany, as well as other parts of Europe, all types of drones must meet the EU drone regulations and the German Aviation Act. This means that you’ll need to obtain drone insurance and register yourself as a drone operator. Your drone must also be marked with a registration number, serving as proof that it has been registered with the Federal Aviation Office.
Given all these regulations surrounding the use of drones, it’s no surprise that a majority of the drones used in Germany are piloted by professionals who actually use them as equipment for their work—not so much hobbyists like you and me filming our next TikTok video.
Now, I was in Germany a few years ago and took a bunch of video on my iPhone with the authorities never batting an eye. But I guess it was because I wasn’t on a bike, and it was pretty damn obvious that I was a tourist. But yeah, I’m taking a mental note to ditch my action cam should I find myself going for a ride in Germany.
