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Speeding
Apr 13, 2010
Truvelo speed camera inaccurate?
Hello i was travelling along the x Rd north on the 29/9/09 at 11:00 am the weather was fine as i approached the speed camera site i checked my speedometer and it was reading approx 33 Mph as i got closer to the camera it flashed this flash was so intense it caused temporary blindness for a couple of seconds (see attachment) when my sight had returned i checked the speedometer again and it was reading approx 29 Mph. I thought no more of this as i assumed it had flashed somebody else.My assumption was wrong as i received a NIP dated 29/09/09 in October within 14 days of the alleged offence i think, i have pleaded not guilty as the speed recorded on the NIP is 41 Mph?.My questions are 1,What would make a camera give a recorded speed of 41 Mph when i know i was travelling at 33 Mph. 2,This type of camera is a Truvelo forward facing type would it be unlawful to use this type of camera without the approved level of magenta opacity required for the purpose of front capture. As the attached photo shows the flash was so great it makes daylight dark also the van on the opposite side of the roads rear reflector is visible, also i cannot make out my face in the car.
Any advice would be vary appreciated
Category: Speeding
Posted by: patterson
Thank you for your question.
If the alleged offence occurred on the 29.9.09 then the police had until the 13.10.09 to get the NIP to you. You say you didn't get it until the 29.9.09? Was this a reminder? If you didn't get a NIP within 14 days you have a defence to the speeder. Section 1 RTOA 1988 states that you shall not be convicted if a NIP is not served on you within the 14 days allowed. This means both sent and received.
The photo is not a good quality and I can see what you mean about the flash. The reality is though that the court will only be interested in whether or not you can cast a doubt on the alleged speed. If you can then you will be found not guilty if you cant then you will be convicted. The NIP argument is great if you didn't receive an earlier one. Was there a postal strike in your area around this time?