Safe Speed Forums

The campaign for genuine road safety
It is currently Mon Oct 27, 2025 16:10

All times are UTC [ DST ]




Post new topic Reply to topic  [ 24 posts ]  Go to page 1, 2  Next
Author Message
PostPosted: Tue Sep 05, 2006 13:34 
Offline
User

Joined: Sun Aug 06, 2006 17:36
Posts: 18
Scamera Van on the Clive Sullivan Way in Hull parked on a grass verge on the west bound carriageway front facing east. This is a dual carriageway

Said van was shooting out the back, across the carriageway at traffic east bound. In order to do this it was having to project accross the traffic heading west.

Firstly is this allowed secondly is there any risk that traffic heading on the opposite direction will affect its signal?

Also I would like to question how the driver can safely park his vehicle in this position as in order to do so he must perform a U turn facing into traffic!


Top
 Profile Send private message  
 
PostPosted: Tue Sep 05, 2006 19:50 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
Mark_K wrote:
Scamera Van on the Clive Sullivan Way in Hull parked on a grass verge on the west bound carriageway front facing east. This is a dual carriageway

Said van was shooting out the back, across the carriageway at traffic east bound.

In order to do this it was having to project accross the traffic heading west.

How do you know he wasn’t simply targeting westbound traffic?

Mark_K wrote:
Firstly is this allowed

So long as the operator and equipment has clear line of site of the target throughout the measurement period: yes.

Mark_K wrote:
secondly is there any risk that traffic heading on the opposite direction will affect its signal?

No! If the beam is somehow reflected from a receding vehicle (which itself is also highly improbable) then the direction (receding or oncoming) of speed measurement will be incorrect (beam path length will increase with time). The direction is indicated on the display and any evidential photo.

Mark_K wrote:
Also I would like to question how the driver can safely park his vehicle in this position as in order to do so he must perform a U turn facing into traffic!

Not very?


Top
 Profile Send private message  
 
PostPosted: Tue Sep 05, 2006 21:18 
Offline
User

Joined: Sun Aug 06, 2006 17:36
Posts: 18
Quote:
How do you know he wasn’t simply targeting westbound traffic?


Because they always film the front of the car to stop people using the don't know who was driving defence.

Quote:
So long as the operator and equipment has clear line of site of the target throughout the measurement period: yes.


But with two lanes of traffic, a central crash barrier it's not really a clear line of sight is it?


Top
 Profile Send private message  
 
PostPosted: Tue Sep 05, 2006 21:34 
Offline
User
User avatar

Joined: Thu Apr 28, 2005 00:01
Posts: 2258
Location: South Wales
Mark_K wrote:
Because they always film the front of the car to stop people using the don't know who was driving defence.


Nope. I've seen plenty of them filming receeding vehicles. Anyone who tries that defence gets done for S172 fail to furnish, which has about the same penalty as a speeding offence.


Top
 Profile Send private message  
 
PostPosted: Tue Sep 05, 2006 21:43 
Offline
User
User avatar

Joined: Wed Mar 30, 2005 13:55
Posts: 2247
Location: middlish
Lum wrote:
Mark_K wrote:
Anyone who tries that defence gets done for S172 fail to furnish


a what ?? ...

is that for living in an empty flat for too long?






[sorry, carry on]


Top
 Profile Send private message  
 
PostPosted: Tue Sep 05, 2006 21:57 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
Mark_K wrote:
But with two lanes of traffic, a central crash barrier it's not really a clear line of sight is it?

Opposing traffic is irrelevant, so long as the operator had clear, uninterrupted line of site during the measurement. If not then E03.

The crash barrier sounds very naughty; how high is it? The speed measurement is at significant risk of undetected slip error if it actually was in shot.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Tue Sep 05, 2006 22:30 
Offline
Life Member
Life Member
User avatar

Joined: Sat Apr 30, 2005 22:02
Posts: 3266
the camera operator must be within 10 feet of the carriageway(the one you are driving on!), acpo code of practice. not following code of practice breaks type approval

They may not break the law... ie drive the wrong way up a duel c/way

They cannot keep the fines if they detect across a d/c dft guidelines

However to win a court case on all this needs a good solicitor or a very confident defendant

_________________
Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


Last edited by anton on Tue Sep 05, 2006 22:31, edited 1 time in total.

Top
 Profile Send private message  
 
PostPosted: Tue Sep 05, 2006 22:31 
Offline
User
User avatar

Joined: Thu Apr 28, 2005 00:01
Posts: 2258
Location: South Wales
ed_m wrote:
is that for living in an empty flat for too long?


Failure to furnish offender details as required under Section 172 of the Road Traffic Act 1988 (as amended)


Basically if you dont fill in the details asked for on the S172 form that is on the back of every NIP, you get done for failure to furnish. This includes claiming not to know as the act says you should know who is driving your car at all times, or words to that effect.

I think there are exceptions for stolen cars and the like.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Tue Sep 05, 2006 22:38 
Offline
Life Member
Life Member
User avatar

Joined: Sat Apr 30, 2005 22:02
Posts: 3266
I have posted this lot before...

Dft guidelines do not allow detection in opposite direction on duel c/way or motorway. section 3.2.1
d
Quote:
.
sites can be multi-directional and enforcement is permitted in any direction
within the site (with the exception of motorways and dual carriageways
without junctions in the site, where each direction is a separate site).
multiple housings or mobile enforcement points are allowed within the
approved site but a vehicle detected speeding by more than one camera at
a site is to be regarded as a single offence
where multiple housings are used, the number of housings must not exceed
the number approved in the operational case
at fixed camera sites, mobile enforcement may also take place within the site.


http://www.dft.gov.uk/stellent/groups/d ... 032652.pdf
Quote:
Acpo code of practice insist on the camera van being within 10 feet of the carriageway
The hand-held laser will only record the true speed if it is directed along the
path of the target vehicle. The vehicle may be either approaching or receding.
If the laser is positioned at an angle to the path of the target vehicle, the
displayed speed is less than its actual speed. This reduction in speed is
proportional to the cosine of the angle.
The angular effect or cosine error is always in favour of the target vehicle,
whether the device is operated in the horizontal or vertical plane.
When operating hand-held devices from the roadside the operator should be within 10 feet of the edge of the carriageway and beyond the minimum operating range (i.e. 50 feet).
When operating hand-held devices from an overbridge, the operator must
stand where possible over the centre of the carriageway being checked. In
respect of minimum range, the operator must carry out a height check from
the level of operation to the road surface directly below then multiply this by
a factor of ten. This figure becomes the minimum distance for operation.
Health and Safety. Never point a laser speedmeter at a civil or military
aircraft, vessel or armoured vehicle. Many military aircraft, vehicles or
vessels have target acquisition detectors, some of which can initiate
automatic counter measures.

© ACPO 2004 Version 2.3 Page 66/67 of 110
and the home office scientific development bureau who gave type approval insist that the type approval is subject to ACPO code of practice being followed.

http://scienceandresearch.homeoffice.go ... iew=Binary

This is also confirmed by a letter I got from home office minister Paul Goggins

The minister wrote
Quote:
Quote:
Requirements for The day to day operation of enforcement devices have been laid down in the publication “Roads Policing Enforcement Technology Code of Practice(p67)” issued by ACPO. A copy is on their website: www.acpo.police.uk under policies.

(non day-to-day opperation is defined as sites ie:where street racing is ocuring and covert detection must be recorded in a log)
Section 14.4 of the code of practice requires the operator to act within 10 feet of the carriage way and at a range exceeding 50 feet. It says it is important that the beam is held steady on the target area to avoid any slip factor.



I interpret this to mean that the ACPO code of practice must be followed in day to day operation. Other parts of the letter state that HOSDB only tested under these conditions to give the device its type approval.



To clear up a bit of confusion: I interpret "the carriageway" to be "the carriageway" you are driving on. not the lane you are driving in.
A duel carriage way is "two carriageways" east bound carriageway and a west bound carriageway.

This is how the equipment was type approved and the code of practice laid down, The government minister is relying on these procedures being followed. There must have been a good reason for these rules being published

_________________
Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


Last edited by anton on Tue Sep 05, 2006 22:45, edited 2 times in total.

Top
 Profile Send private message  
 
 Post subject:
PostPosted: Tue Sep 05, 2006 22:38 
Offline
User

Joined: Sun Aug 06, 2006 17:36
Posts: 18
S172 defence works if you can show you have taken all reasonable measures to identify the driver.


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Tue Sep 05, 2006 23:00 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
anton wrote:
To clear up a bit of confusion: I interpret "the carriageway" to be "the carriageway" you are driving on. not the lane you are driving in.
A duel carriage way is "two carriageways" east bound carriageway and a west bound carriageway.

Herein is my problem: the terms appear to be open to interpretation. The court may fudge… I mean judge :) your interpretation to be erroneous.

I would be most interested to hear the outcomes of the cases you speak of. Have there been other cases like this in the past that have been won or lost?


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Tue Sep 05, 2006 23:44 
Offline
Life Member
Life Member
User avatar

Joined: Sat Apr 30, 2005 22:02
Posts: 3266
there was one case lost but the defendant did not present well and the copper lied calling acpo a guideline about twenty times not a code of practice. he even lied when challanged. the defendant did not show the copy of acpo that says code of practice in 1" letters on the front...
he would not appeal.

Questioning might go on the lines of...
"A carriage way is one duel cariageways is two, this one and that one... were you parked next to this carriageway or that carriageway, were you within 10 feet of the carriageway that the defendant was driving on"

_________________
Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Wed Sep 06, 2006 20:30 
Offline
User

Joined: Tue Jul 27, 2004 10:44
Posts: 98
Location: Wokingham, Berkshire
Even if the prosecutio plays on the fact that it is a guideline in their view, the witness statement they sign (I got a copy here!) explicitly says they have operated according to the "guidelines" too, and therefore the witness statement is a false statement and the witness knows he can be prosecuted for that.

Will let you know how it goes on the 25th September in Maidenhead guys! (hearing is at 9.45am)


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Wed Sep 06, 2006 20:34 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
anton wrote:
Quote:
Acpo code of practice insist on the camera van being within 10 feet of the carriageway .......

© ACPO 2004 Version 2.3 Page 66/67 of 110

No it doesn't. There is no text in any document stating that.

There is also this humdinger:

DfT Handbook of Rules and Guidance 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 under current UK law committed by a driver or registered keeper.

The DfT Handbook of Rules and Guidance is the only bible the SCPs need to adhere to 100% (and even then they're for allowance of cost recovery)


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Wed Sep 06, 2006 22:45 
Offline
Life Member
Life Member
User avatar

Joined: Sat Apr 30, 2005 22:02
Posts: 3266
Quote:
No it doesn't. There is no text in any document stating that.

Oh yes there is. pm me and I will e-mail it to you. acpo 2004 version 2.3
page 67 of 110
And of course it is quoted by home office minister Paul Goggins MP

It was so good they have hidden it....

middle of page 2
page1
page2
page3

Quote:
The DfT Handbook of Rules and Guidance is the only bible the SCPs need to adhere to 100%

HOSDB issued type approval . type approval was reliant on ACPO being followed, RTA act requires equiptment to have type appproval and be used with in the constraits of that type approval.

_________________
Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Wed Sep 06, 2006 23:21 
Offline
Camera Partnership Staff
Camera Partnership Staff
User avatar

Joined: Tue Apr 26, 2005 19:48
Posts: 1995
are we confusing the issue with hand held devices compared to mounted devices

_________________
now retired


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Thu Sep 07, 2006 00:44 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
anton wrote:
Quote:
No it doesn't. There is no text in any document stating that.

Oh yes there is. pm me and I will e-mail it to you. acpo 2004 version 2.3
page 67 of 110


I already have it. It says:
"When operating hand-held devices from the roadside the operator should be within 10 feet of the edge of the carriageway and beyond the minimum operating range (i.e. 50 feet)."

Not wishing to get into a pedantic argument with you, but IMO this is not the same as:
"Acpo code of practice insist on the camera van being within 10 feet of the carriageway ......."


anton wrote:
And of course it is quoted by home office minister Paul Goggins MP

It was so good they have hidden it....

middle of page 2
page1
page2
page3

Thanks, that's very enlightening. It certainly seems to support what you say.
Did you want to edit out your details from the scans?


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Thu Sep 07, 2006 07:01 
Offline
Life Member
Life Member
User avatar

Joined: Sat Apr 30, 2005 22:02
Posts: 3266
CO
Quote:
are we confusing the issue with hand held devices compared to mounted devices

no, there is no type approval for a tripod device. it is a hand held device mounted on a tripod.

and Smeggy you are being pedantic, but that is not a bad quality when dealing with "them" and I did Mis-quote the phrase.

_________________
Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


Top
 Profile Send private message  
 
 Post subject: RESULT!
PostPosted: Mon Sep 25, 2006 14:18 
Offline
User

Joined: Tue Jul 27, 2004 10:44
Posts: 98
Location: Wokingham, Berkshire
Got my court hearing this morning.
Some of you (Anton) may remeber my case: alleged offence committed in January 06: dual carriageway, mobile camera van from opposite carriageway.

TODAY I WON!

Acquitted of all charges! and I asked for my car parking charges to be refunded(£3).

Didn't even involve a solicitor.

If I think I could have bent over and got 3 points and paid 60 pounds...


Top
 Profile Send private message  
 
 Post subject:
PostPosted: Mon Sep 25, 2006 14:22 
Offline
Life Member
Life Member
User avatar

Joined: Sat Apr 30, 2005 22:02
Posts: 3266
I woud submit your preperation costs at £9.25 per hour and my consultants fee of £3000 (the triumph needs a concours standard paint job) :lol:

_________________
Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


Top
 Profile Send private message  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 24 posts ]  Go to page 1, 2  Next

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 399 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You can post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group
[ Time : 0.215s | 12 Queries | GZIP : Off ]