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Speeding
Jul 5, 2010
The speed camera was obscurred
I have recently been caught by a gatso in Essex doing 40mph in a 30
zone. However the gatso camera was completely obscured from the
roadside due to the hengerow being overgrown.
I have witnesses to that fact and established that the local authority
do not appear to maintain that area of the roadside.
I have written back to Essex police and notified them of this
situation and that in my view it doesn't meet the dept of transport
guidelines. It must impact on many motorists caught on that particular
camera.
Essex police replied basically saying that the fact the camera was
invisible to the driver didn't matter ... I intend to plead not guilty.
What are your views?
zone. However the gatso camera was completely obscured from the
roadside due to the hengerow being overgrown.
I have witnesses to that fact and established that the local authority
do not appear to maintain that area of the roadside.
I have written back to Essex police and notified them of this
situation and that in my view it doesn't meet the dept of transport
guidelines. It must impact on many motorists caught on that particular
camera.
Essex police replied basically saying that the fact the camera was
invisible to the driver didn't matter ... I intend to plead not guilty.
What are your views?
Category: Speeding
Posted by: patterson
Im afraid hat they are right and you are wrong.
There is no legal requirement for the speed camera itself to be visible. The speed limit signs have to be visisble and there are guideslines that there should be warning signs and the camera itself should be visible (to act as a deterrant) but Im afraid an obscurred camera is not a defence.
The only defence to speeding is if you can show that you were not speeding. You have to cast a doubt on the pros3ecution evidence.
Have you got any points already? If so how many?
If you were speeding then you will get convicted if you admit it under cross examination and you will get higher fines and court costs than the fixed penalty offer.
If you deny the speed alleged come back to me.
There is no legal requirement for the speed camera itself to be visible. The speed limit signs have to be visisble and there are guideslines that there should be warning signs and the camera itself should be visible (to act as a deterrant) but Im afraid an obscurred camera is not a defence.
The only defence to speeding is if you can show that you were not speeding. You have to cast a doubt on the pros3ecution evidence.
Have you got any points already? If so how many?
If you were speeding then you will get convicted if you admit it under cross examination and you will get higher fines and court costs than the fixed penalty offer.
If you deny the speed alleged come back to me.