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PostPosted: Thu Apr 27, 2006 09:42 
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scanny77 wrote:
Dr L wrote:
Scanny77

Can you please clarify where you read about the Tacho evidence not being accepted.

I understood the police had been using tacho evidence to convict drivers, so accepting it was valid evidence.

I think the road haulage people would be very interested in your comment


one of the trade magazines. Truck & Driver, May issue (out now). letters section, page 65, headed Tacho Tussle
this guy was driving in a built up area (400 yards from his home) and was flashed by a mobile camera van. a summons came through with the usual 3 points/60 quid but it claimed he was travelling at 36MPH. he checked it and a friend from VOSA confirmed he was travelling at 28MPH. he challenged it, the tacho was sent away to a road traffic investigation unit in manchester. the report stated that he had not travelled more than 25MPH.
he also found info on the camera which stated that this particular type (LTi-20.20) had been banned in the USA due to inaccuracies.
the end result was 3 points, £60 fine, £300 costs and £650 for his solicitor


I would rate that as a definite miscarriage of justice. All the defence needs to provide is 'a reasonable doubt' - the defence does not have to prove a case.

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PostPosted: Thu Apr 27, 2006 10:04 
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Here is the article

Quote:
Tacho tussle

LETTERS, Truck & Driver MAY 2006, Page 65

In November 2004, with 44 years and more than 5.5 million miles to my name, I was travelling on an A-class road with a 30mph speed limit in a built-up area. I know the road well as I live 400yd from it. There is a school on the road, as well as lots of small central islands to assist old people and parents with children, so I reduce my speed accordingly. But I was flashed by a mobile camera van parked on the right-hand service road.

A summons came through stating I was doing 36mph, threatening a £60 fine and three points. I checked the tacho and I was travelling at less than 30mph. A friend at VOSA checked the tacho and concluded that I was driving at 28mph.

I decided to challenge the summons and had the tachograph sent to a road traffic investigation unit, operated by an ex-chief inspector in Manchester. His report stated I had not exceeded 25mph. 1 also downloaded 50 pages from the internet about using tachographs for evidence and found two books with pages regarding the camera - LTi.20.20 - which is banned in America due to its inaccuracies.

All this paperwork was presented at court. When I told the prosecutor the tachograph was a legal document, he said it wasn't. He agreed my tacho was correct... and his camera was correct. I told the court that if that's the case, the prosecution should be dismissed as null and void.

After 10 minutes' deliberation, the magistrate found me guilty - resulting in a £60 fine, three points and £300 costs, plus my solicitor's £650 fee. I am considering an appeal but, between the cost and the justice system, they seem to have most angles covered.

Reginald Epfett, Carlisle, Cumbria

Where is the Justice in this case
.


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PostPosted: Fri Apr 28, 2006 23:19 
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Thanks for the comments and replies; very interesting.

So basically, provided there is no obvious problem with the video, then I'm deemed guilty almost regardless of any proof of innocence I present.

A human operator - fallible
Camera electronics - can produce spurious results
Camera software - never faultless

The state says I'm guilty, end of story. And who says we're not living in a police state :furious:

BobM


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