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PostPosted: Tue Apr 03, 2007 07:50 
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RobinXe wrote:
No mate, the only way you can get off the charge is to prove you were not exceeding the speed limit. Everything else, no matter how frustrating or compelling, is irrelevant to your case.


I know what you mean, but technically that isn't correct.

It's for the prosecution to prove, beyond a reasonable doubt, that a motor vehicle was exceeding a lawful speed limit, and that the accused was driving (riding) at the time. In the process the prosecution MUST observe a number of 'legal technicalities'.

That's not to say it's easy to find a flaw in the prosecution case...

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PostPosted: Tue Apr 03, 2007 13:39 
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I don’t have time right now to go carefully go through the whole thread.

a) Your missus doesn’t have to be at or below the limit to not trip the camera. Perhaps your g/f was fractionally below the trip threshold and you were fractionally above? However, ~91mph would seem high for a trip threshold so I rate this as unlikely.

b) yeah!

c) Can you elaborate on “the device was in the front of the van as i looked at this van”?
I see no reason why the flash/camera itself can’t be mounted inside the cab.

d1) “acpo guidleines for handheld radar says only 1 vehicle in field of view at time. why doesnt this apply to radar in boxes - gatsos. they state this for handhelds, because radar spreads out like ripples on a pond
Dunno! Radar is fairly directional (only 10 times more spread than Lidar IIRC).

d2) “and the radar could bounce of me first and then missus who is further ahead and think i jumped that far in such a short time- could this bugger all gatsos with no marking on road ie mini gatsos!!!
No! It does not work like that. Radar is based on Doppler shift; it is actually measuring relative velocity. Only laser can be fooled in that way.

e) Nah. As someone with “exceptional skill in the art’, I can tell you the timing will not be done in that fashion; the timer will be a based on a quartz oscillator and digital divider (very precise). Anyway, it is irrelevant as the second photo isn’t required for corroboration; see below.

f) If the unit was a mobile then chances are it was manually operated, the operator forming opinion of your speed then using the radar sensor as corroboration (just like Lidar). Lines on the road for corroboration of the radar sensor isn’t required. I think there’s no way you can disprove the speeding allegation :(

g) Good luck. Let us know how that goes.

h) Are you getting confused with laser?

i) I don’t think it’s so dubious, anyway we’ve gone to war based on less!!

Hmmm, thinking this though, perhaps it is only possible for the camera to get one of you as the flash/film cannot re-load in time, quite reasonable if your better half was “5 meters” on front of you and both of you were at speed. Given this, the operator would have to have decided which of you to “˜catch’

OR,

The position of your bike could have obscured hers; hence her plate can’t be identified!



I’m speculating with some of the above, feel free to dissect and discuss.


Edit: what on earth happened to the text? All the quotes and colons were replaced with random characters :???:

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Last edited by Steve on Mon May 14, 2007 08:31, edited 1 time in total.

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PostPosted: Mon May 14, 2007 02:06 
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i sent the summons back pleadin not guilty- got a notification that the hearing has been adjorned till 17 july. will get cracking on the phone about gettin witnesses (camera operator) whose details i dont have - do i subpeona them?? oh an i want chief of police there as he authorised it, for a cross examination.
i would like to have my case heard by crown court with a 12 man jury. im under the impression i have right to trial by jury is this correct?


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PostPosted: Tue May 29, 2007 09:18 
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smeggy wrote:
- Speed traps have to be visible only a few 10s of meters away (60 metres where the speed limit is 40 mph or less, 100 metres at all other speed limits).


I realise this is an old thread, but with reference to the visibility of speed traps, if the trap is a camera van, are you saying that the van itself must be visible from 60 metres distant in a :40: area, or is it enough for the warning sign to be placed 60 metres ahead of the van?

The reason for asking is that where I got caught, the van was parked just around a left hand bend. Here, I'll show you. This Audi is my car, and is sitting where the camera van was parked. It doesn't look like 60 metres...

Image


As you've probably read in my other thread(s) I actually won the case in Magistrates' Court, but not for this. The police charged me under the wrong section of RTRA(1984), and a portion of their evidence was false. Many people will have been convicted for an offence committed here, and I am interested to know what I could do to to effect restitution for drivers who have received fines and penalty points.


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PostPosted: Tue May 29, 2007 09:35 
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DieselMoment wrote:
I realise this is an old thread, but with reference to the visibility of speed traps, if the trap is a camera van, are you saying that the van itself must be visible from 60 metres distant in a :40: area, or is it enough for the warning sign to be placed 60 metres ahead of the van?

Excerpts from the “Department for Transport Handbook of Rules and Guidance for the National Safety Camera Programme for England and Wales for 2006/07”

DfT handbook of rules wrote:
Rule 5: Site visibility

Dependant upon the enforcement method used, speed camera housings, or the camera operator or the mobile vehicle must be visible from the driver’s viewpoint at the following minimum visibility distances:

• 60 metres where the speed limit is 40 mph or less

• 100 metres at all other speed limits.

For mobile speed camera sites, although the camera technology may allow, partnerships are not permitted to net off from offences detected outside the approved site.


DfT handbook of rules 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.


However,

DfT handbook of rules 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.


To sum up: it seems the SCPs were not abiding by the rules required for netting off; however, the drivers caught there have no comeback.

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