ACPO AIMS TO PLUG ONE SPEED ENFORCEMENT BLUNDER
26 August 2005 - Safe Speed

The Times newspaper today reveals that ACPO plans to introduce new rules concerning the distance at which mobile speed camera van may operate.

This results from concerns that operators may not be following the law which states that speed measurement apparatus may only be used to confirm a constable''s prior opinion that a vehicle is exceeding a speed limit.

Laser speed meters (As used in mobile speed trap vans can measure speeds at distances of up to 1,000m (and more in some cases), but it is very unlikely that the operator could make the legally required judgement when a target vehicle is more than 1KM (5/8th mile) away.

Safe Speed has heard from very many motorists who have been prosecuted in circumstances where there was little or no opportunity for the operator to form a prior opinion of speed. In our opinion this abuse of the legal process is likely to be widespread and is highly indicative of the slipshod way in which greedy camera partnerships operate.

Our knowledge from talking to motorists together with the news from ACPO suggests that many recent convictions have not been carried out in proper accordance with the law. Motorists may be entitled to have their cases reopened.

Paul Smith, founder of the Safe Speed road safety campaign
(www.safespeed.org.uk) said: ''Partnership speed enforcement is running on little more than bluff, threat and public gullibility. When motorists take the time to investigate the case against them in detail, it''s far from unusual to find a fatal flaw.''

''The biggest flaw of all is that the resources simply don''t exist to prosecute motorists in court - the system entirely depends on motorists paying a fixed penalty notice without a fight. With large scale errors being reported in the news every few weeks I would urge all motorists to test and examine the evidence against them in very fine detail. Call their bluff. Ignore their threats. And show that you''re not gullible.''

Basic Checklist:

* The speed limit must be correctly signed in accordance wit the regulations (Folly Bottom, Wylye, North Wales)
* A speed limit order must apply correctly to the location in question. (Lincolnshire, London)
* The paperwork must be correct and in accordance with all laws and regulations. (Dorset)
* The paperwork must be delivered on time
* The Notice of Intended Prosecution (NIP) cannot be served by second class post. (South Wales)
* The equipment must be calibrated correctly.
* The operator must use the equipment in accordance with rules and guidelines.
* The operator must form a prior opinion of speed in excess of a speed limit.
* Arguably only a Police constable is qualified to for a prior opinion of speed in excess of a posted speed limit.
* Communications equipment must be switched off while measurements of speed are taken (including the operator''s mobile phone).
* The site must be suitable (restrictions include near power lines)
* The equipment must be working properly.
* Evidence must be disclosed to the defence 7 days before the trial on request or it becomes inadmissible.
* If you don''t know who the driver was at the time of the alleged offence you may well have a statutory defence in RTOA1988 S172(4) as amended
* The court must be impartial (And since the Magistrate''s Court Service are usually a camera partnership member it is far from clear that the court has the required degree of impartiality.)
* The process must not breach your Human Rights (A ''right to silence'' case is ongoing to be heard in 2006 in Strasbourg.)
* In the case of Gatso fixed speed cameras the transit of the calibration marks in the two photographs must match the speed recorded by the radar speed meter.
* The prosecution must turn up in court with the correct paperwork.
* Witness statements cannot be signed by machine. (North Wales)

www.safespeed.org.uk

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