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 Post subject: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 02:18 
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I got to wondering, with all this talk of the blanket NSL speed reduction to 50mph being policed by SPECS, are these things actually legal?

I mean these things monitor your average speed between fixed points but how can this be enforceable if no vehicles on the road have the technology to advise the driver what his/her average speed actually is?

The only way you can reasonably do this is to set cruise control (if fitted) or to constantly monitor the speedometer, which brings further danger to road users. It also means no overtaking(!) if all vehicles are doing roughly the same speed. Even if they're not, you have no way of knowing whether your temporary overtaking speed "blips" have put you over the trigger threshold, a situation I find totally abhorrent

Has anyone actually challenged the use of these cameras based on these facts?


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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 06:21 
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I don't think your argument will get very far.

If you don't exceed the limit then your average will be below the limit, that's simple maths. Blips are not allowed in th eeyes of the law.

I agree they do encourage too much concentration on the speedo though.


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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 07:40 
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John7 wrote:
I got to wondering, with all this talk of the blanket NSL speed reduction to 50mph being policed by SPECS, are these things actually legal?
I mean these things monitor your average speed between fixed points but how can this be enforceable if no vehicles on the road have the technology to advise the driver what his/her average speed actually is?


You could apply the same argument to the breathalyser - the motorist has no way of knowing accurately his blood alcohol level but is, nevertheless required to keep it below the limit. Indeed, if you apply the official attitude to drinking to speed you won't have speedometers in cars because they "encourage driving right up to the limit".

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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 10:29 
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Bearing in mind that gatsos haven't been properly approved by the home secretary, neither the laser guns it is highly likely that specs haven't so they are really, fully legally able to judge your speed. Also without proper picture proof I wouldn't accept specs calculations as they rely on all of the cameras being set to precisely the correct time and reading your plate infallibly.

Can anpr/specs read the old silver on black vintage plates? I'd be interested to know.


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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 12:45 
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teabelly wrote:
Bearing in mind that gatsos haven't been properly approved by the home secretary, neither the laser guns it is highly likely that specs haven't so they are really, fully legally able to judge your speed. Also without proper picture proof I wouldn't accept specs calculations as they rely on all of the cameras being set to precisely the correct time and reading your plate infallibly.

Can anpr/specs read the old silver on black vintage plates? I'd be interested to know.


As for the question regarding black/white - black/silver: the answer is yes.
And for the relative times between cameras: it doesn't matter.
The cameras only provide the data, the measurement and calculation is done by a central processing unit....sited somewhere in the middle of the specs layout. Brick built over precast interior and with cast concrete roof. The door is wood, with steel centre and has high security locks and hinge bolts, along with electronic security. They must be expecting assaults !

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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 13:36 
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It still does not excuse the fact that no vehicles on the road have an "average" reading speed meter.

How can the Law be allowed to penalise people for doing something they have no reasonable means to check/measure, without the need to constanty watch the speedo or consistantly driving below the speed limit?

The argument about drink driving is invalid, because any sensible driver would not knowingly consume alcohol before driving :drink2:

The Law can justly be applied to people who knowingly break it;

You steal, you knowingly break the Law
You assault someone, you knowingly break the Law
You drive a car with bald tyres, you knowingly break the Law

BUT
You drive a car through along SPECS enforced road......you can only guess whether you've broken the Law, you have no way of knowing what you average speed has been and over what distance?
To my mind, that is not a reasonable and just Law


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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 13:54 
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John7 wrote:
The argument about drink driving is invalid, because any sensible driver would not knowingly consume alcohol before driving :drink2:


Got to disagree with you. We are talking about the justice, not common sense. If the legislature wants to ban driving after consuming alcohol it should make the appropriate law and I would not complain.. Whilst the law stands as it does it is unjust that the instrument do determine whether or not you are breaking it is not available. You wouldn't expect to remain within the law if you were forbidden a speedometer on your car.

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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 14:10 
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:welcome: John7
John7 wrote:
It still does not excuse the fact that no vehicles on the road have an "average" reading speed meter.

How can the Law be allowed to penalise people for doing something they have no reasonable means to check/measure, without the need to constanty watch the speedo or consistantly driving below the speed limit?

The law stipulates speed limits in an instantaneous context, not an average one; the law doesn't allow blips of speeds over the limit.
Yes these SPECs measure average speed, so in that respect SPECS are in your favour – you can exceed the limit by a substantial amount yet not be caught, but you can't fall foul of these without breaking the law and you have the means to check/measure (your speedo shows instantaneous speed). Yes you can't check your average speed, but you can check your instantaneous speed - that's all that is needed to remain legal.

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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 19:15 
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Steve wrote:
:welcome: John7
John7 wrote:
It still does not excuse the fact that no vehicles on the road have an "average" reading speed meter.

How can the Law be allowed to penalise people for doing something they have no reasonable means to check/measure, without the need to constanty watch the speedo or consistantly driving below the speed limit?

The law stipulates speed limits in an instantaneous context, not an average one; the law doesn't allow blips of speeds over the limit.
Yes these SPECs measure average speed, so in that respect SPECS are in your favour – you can exceed the limit by a substantial amount yet not be caught, but you can't fall foul of these without breaking the law and you have the means to check/measure (your speedo shows instantaneous speed). Yes you can't check your average speed, but you can check your instantaneous speed - that's all that is needed to remain legal.


That makes no sense
If the Law is based on instantaneous speed (which you can check with your speedometer) then average speed cameras must be illegal (or immoral?) as you cannot determine your average speed unless you are linked into the SPECS system?
I disagree that SPECS are in your favour - I consider them to be dangerous becuase they take the drivers attention from the business of driving and observation as well as inducing stress/boredom which can reduce concentration. They also lead to long periods of vehicles travelling alongside each other (dangerous) as overtake manouvers take much longer to accomplish to ensure you keep your aveage speed below penalty thresholds.


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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 19:36 
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John7 wrote:
I disagree that SPECS are in your favour - I consider them to be dangerous becuase they take the drivers attention from the business of driving and observation as well as inducing stress/boredom which can reduce concentration. They also lead to long periods of vehicles travelling alongside each other (dangerous) as overtake manouvers take much longer to accomplish to ensure you keep your aveage speed below penalty thresholds.

You misunderstand me. I agree with your later reasoning regarding distraction, but I was talking about the chances of being caught had you exceeded the limit, i.e. the cameras taking an average as opposed to continuous speed readings within the enforcement zone.

John7 wrote:
If the Law is based on instantaneous speed (which you can check with your speedometer) then average speed cameras must be illegal (or immoral?) as you cannot determine your average speed unless you are linked into the SPECS system?

You don’t need to determine your average speed, only your instantaneous speed; the law states your speed must always be within the limit. Yes SPECs don’t check for this, they can only determine it by proxy; this doesn’t make them illegal or immoral, only potentially ineffective.

Here's a question for you: what would you say to a police officer (not a camera operator) who had pulled you for exceeding the speed limit when you were within a SPECs zone even though you were still within the 'average speed limit' between the cameras? (i.e. you entered it slowly)
Would it make any difference at all if you were linked into the SPECs system?

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 Post subject: Re: Are SPECS Legal?
PostPosted: Fri Mar 13, 2009 22:50 
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John7 wrote:
It still does not excuse the fact that no vehicles on the road have an "average" reading speed meter.


Mine does.

Even the Pug 206 we had at work has one.

Just have to manually reset it at the first SPECS camera.

But it's not relevant, your average can't be over the limit without you actually exceeding the limit at some time. Legally you can't break the speed limit to make up your average if you get held up.


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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 11:47 
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Folks,

I have a simple question about specs. Will these be clearly marked at first camera and at the end? If so, wouldn't this be better for us in one sense? We could hit the first camera at well over the speed limit and then just slow down or even stop to ensure no conviction. This is much better than single point traps, where it's happened before we have the chance to slow down.

Am I right about this?

C.

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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 12:20 
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Cooler wrote:
Folks,

I have a simple question about specs. Will these be clearly marked at first camera and at the end? If so, wouldn't this be better for us in one sense? We could hit the first camera at well over the speed limit and then just slow down or even stop to ensure no conviction. This is much better than single point traps, where it's happened before we have the chance to slow down.

Am I right about this?

C.


They also won't bag you for overtakes, of course, exceeding the speed limit to overtake somebody is breaking the law, but you're less likely to get done in a specs zone than getting caught out by spot camera.


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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 13:56 
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Cooler wrote:
Folks,

I have a simple question about specs. Will these be clearly marked at first camera and at the end? If so, wouldn't this be better for us in one sense? We could hit the first camera at well over the speed limit and then just slow down or even stop to ensure no conviction. This is much better than single point traps, where it's happened before we have the chance to slow down.

Am I right about this?

C.

You are right about SPECs being in the motorists favour in some respects compared to point cameras. I've entered M3 (M25) SPECs zone at a rate of knots substantially greater then the substantially and needlessly reduced limit, yes it meant I had to crawl through the rest of the zone (I had to drive like a 'slowpoke').

I bet the cameras claim sole credit for any and all KSI reduction there, even though the junction layout has been engineered to something much more sensible (now one lane per merging motorway).

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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 15:20 
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There's an interesting legal angle that specs will only show that a motorist must have exceeded the limit somewhere within the zone. It doesn't provide proof of the offence being committed, it only facilitates the using of logical deduction to show it "must" have occurred. Is logical deduction proof in law? If not, is logical deduction over the burden of proof a technical erosion of protection from legal injustice?

Can a man be found guilty of murder on the sole basis that it can be shown that nobody else was present when it occurred?

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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 15:32 
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[quote="hairyben] If not, is logical deduction over the burden of proof a technical erosion of protection from legal injustice?[/quote]

It's all down to "reasonable doubt". If it can be shown that the average speed of your vehicle, with you driving, was greater than the posted limit is there any reasonable doubt that at some point it actually exceeded that limit? The judicial system in general seems very happy, perhaps too happy, to accept circumstantial evidence. If you were found holding a smoking gun, a bullet from which had recently killed some-one, you would need a damned good layer to avoid a conviction for murder.

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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 15:51 
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hairyben wrote:
Can a man be found guilty of murder on the sole basis that it can be shown that nobody else was present when it occurred?

I don't think that's a fair analogy. In yours, the offence has likely been committed (could yet be suicide), or the crime was committed but possibly by someone else (cunningly framed); hence there is room for doubt. For the camera, there's no doubt the offence has been committed and there's no doubt as to which vehicle (as opposed to which person - but that applies to any camera) did it, we just can't say exactly where the offence was committed.

However, I take your point from a legal point of view (the legal system is prone to error), so for me the question should be:

Has there been a case where everyone accepted the occurrence of the crime and that the accused did it, but the case/charge was subsequently dropped for the sole reason that it couldn't be shown exactly where or when the crime happened?

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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 16:25 
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Cooler wrote:
Folks,

I have a simple question about specs. Will these be clearly marked at first camera and at the end?

There is no "beginning" and "end". Any two cameras could theoretically be linked at opposite ends of the country. The system will calculate the minimum time required to travel between the two points keeping below the speed limits on the shortest route. If your time between the cameras is less then you are nicked.

You will see from the above that SPECS type systems cannot usefully be used on very long distances with many alternative routes between the cameras.

I see them being used on long country roads with few turnings (across the Pennines, for example) popular with bikers and Impreza drivers. :)

A complete waste of resources, of course.

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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 16:32 
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Manchester press wrote:
Don Frame
March 10, 2009


A DRIVER who lost a speeding test case that could have opened the floodgates to thousands of appeals is going to a higher court.

Former computer engineer Aitken Brotherston challenged the legality of speed cameras during a five-day hearing at Manchester Crown Court.

Appeal

He also lost an appeal against a speeding conviction after he was clocked at 52mph in a 40 limit on Princess Parkway.

He was left facing legal costs of up to £10,000, but intends to keep fighting and has lodged notice of appeal with the Administrative Court in London.

Website

Mr Brotherston, 61, of Lymm, Cheshire, is setting up a website on the case, hoping people will also help with costs. He argued that all speed cameras since 1992 were unlawful, because successive Home Secretaries had approved them without proper Parliamentary scrutiny.

He had hoped his conviction would be quashed on the grounds the camera equipment was illegal.

Laser

Mr Brotherston told the Manchester hearing he `firmly believed' he had not been speeding when targeted by a laser gun. He claimed the LTI 20/20 Speedscope device must have given an inaccurate reading.

Convicted

He refused to pay a fixed penalty and when convicted in court, he was fined £250 and ordered to pay £2,800 costs. His barrister, Michael Shrimpton, said the 1991 Road Traffic Act meant Parliamentary backing was needed for all new speeding devices. He claimed a `horribly unconstitutional' system had developed, with ministers dodging the procedure.

'Satisfied'

Dismissing the appeal, Judge Jonathan Gibson said he was satisfied speed camera gear had been lawfully implemented and the device which clocked Mr Brotherston's speed had been operated correctly.

Mr Brotherston said: "As far as we are concerned the legal case is clear - there is no proper authority for these products to be in use. "We are optimistic we can still win this on appeal."




If successful - I wonder what the overall impact on ALL cams would be.. :scratchchcin:


It really belongs in the thread where I orginated this story. But somehow it seems relevant to this thread.

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 Post subject: Re: Are SPECS Legal?
PostPosted: Sun Mar 15, 2009 16:55 
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Steve wrote:
I don't think that's a fair analogy. In yours, the offence has likely been committed (could yet be suicide), or the crime was committed but possibly by someone else (cunningly framed); hence there is room for doubt. For the camera, there's no doubt the offence has been committed and there's no doubt as to which vehicle (as opposed to which person - but that applies to any camera) did it, we just can't say exactly where the offence was committed.

However, I take your point from a legal point of view (the legal system is prone to error), so for me the question should be:

Has there been a case where everyone accepted the occurrence of the crime and that the accused did it, but the case/charge was subsequently dropped for the sole reason that it couldn't be shown exactly where or when the crime happened?


Good points, it's probably not the best analogy, but the point I was trying to make is the distinction between proof a crime must have been committed and proof of the crime itself.

I've just thought of one though... I know you can be done for tax evasion simply by having money can't account for, without the taxman having to show how you got it, so I guess it's legally acceptable.

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