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PostPosted: Fri Feb 23, 2007 17:48 
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I have a friend who last September was flashed on a local Gatso (30mph) alledgedly doing 41 mph.This was in a HGV.
He is due to appear in court in March and is currently gathering info for the case,tachograph evidence,calibration etc.
The main help that i would be grateful of is the actual siting measurements from the initial speed camera warning (wich is a dual sign,speed camera and change of road speed limit from 40 to 30)to the actual Gatso fixed camera.
In this case it is only 79 metres, having found some not that clear info on its regulatory distance being 400m.
Any help regarding would be most grateful.
Regards,
Pete


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PostPosted: Fri Feb 23, 2007 18:07 
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DfT rules for netting off wrote:
Rule 3: Signing rules

Camera signs will be co-located with speed limit signs where permitted and practicable

o For fixed speed and red-light enforcement, a camera sign must be placed not more than 1 km from the first camera housing in the direction being enforced (including or excluding side roads at the discretion of the partnership). For fixed speed enforcement, co-located camera and speed limit repeater signs, or the sign shown in diagram 880 where appropriate, must be placed to allow the signs and speed camera to be visible to the driver in the same view.

o For mobile enforcement, co-located camera and speed limit repeater signs, or sign 880 where appropriate, must be placed in advance of the point of entry to the site or route (including or excluding side roads at the discretion of the partnership) in the direction being enforced. Camera signs must also be placed thereafter at intervals of around 1km throughout the site or route.

Unfortunately:

DfT rules for netting off wrote:
Compliance with these rules has no bearing on the enforcement of offences detected by the use of safety cameras. Non-compliance with these rules and guidelines by a partnership, or representative of a partnership, does not provide any mitigation of, or defence for, an alleged offence committed under current UK law.

So either way you can't use it as a basis for your case.

There's nothing to stop them placing a camera immedately after the speed limit change signs (the new speed limit will be in effect there).


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PostPosted: Fri Feb 23, 2007 19:08 
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If they don't think they were doing more than 30 they should try getting the photos to check the speed. Gatsos love HGVs... :roll:

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PostPosted: Fri Feb 23, 2007 20:27 
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The tacho chart from his truck will be his best hope.

Quite often a trade union will provide an expert to analyse the tacho in these situations.

If it shows he was speeding he may be in time to take the fixed penalty.

If it shows he wasn't speeding he has independent evidence.


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PostPosted: Fri Feb 23, 2007 22:10 
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im sure i read somewhere a tacho cant be used as evidence in a speeding case i may be wrong but im sure it was somewhere on pepipoo

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PostPosted: Fri Feb 23, 2007 22:23 
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recoveryman wrote:
im sure i read somewhere a tacho cant be used as evidence in a speeding case i may be wrong but im sure it was somewhere on pepipoo
Not always the most reliable source of information about the law.


This is the company that usually provide expert reports in my area

http://www.fostertachographs.co.uk/fore ... alysis.htm


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PostPosted: Fri Feb 23, 2007 23:25 
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recoveryman wrote:
im sure i read somewhere a tacho cant be used as evidence in a speeding case i may be wrong but im sure it was somewhere on pepipoo


I know what this stems from. Speeding cases require evidence and corroboration.

For that reason a tacho chart (/record) is unuseable as sole evidence to obtain a conviction for speeding. i.e. No one can be convicted on the evidence of a tacho chart alone because the evidence isn't corroborated.

But there's nothing to stop tacho records from being used in court (by either side).

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PostPosted: Sat Feb 24, 2007 00:29 
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SafeSpeed wrote:
recoveryman wrote:
im sure i read somewhere a tacho cant be used as evidence in a speeding case i may be wrong but im sure it was somewhere on pepipoo


I know what this stems from. Speeding cases require evidence and corroboration.

For that reason a tacho chart (/record) is unuseable as sole evidence to obtain a conviction for speeding. i.e. No one can be convicted on the evidence of a tacho chart alone because the evidence isn't corroborated.

But there's nothing to stop tacho records from being used in court (by either side).

You obviously havent read the gospel according to Callaghan! :lol:

It's small wonder people are unsure of the law on this when certain agencies try to pull the wool over your eyes in order to give them an easy time of it! :x

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