No Warning Signs

Question:

Speeding

S84 RTRA 84 Sch 2 RTOA 88 and Local Order

Hi,

I was caught by a mobile speed camera at 09.44 Sunday x driving at 61mph in a 50mph area of the x dual carriageway in x. The road narrows from 3 lanes to 2 with a 50mph sign.

I passed a fixed yellow camera at that point which did not flash but about 300 metres further on passed under a bridge and there was a van which on the side of the road (hard shoulder) which I assume was the mobile camera that recorded my speed.

In my opinion this camera was hidden as it was under the bridge in the shadows. I only saw the van as I passed by. I believe there are Department of Transport guidelines that all speed cameras have to be clearly visible.

I have been driving for 30 years with no traffic offences so I was upset to get a notice of intended prosecution. I have not returned to form yet.

I am also a qualified barrister ( a long time since I have been in court!!) but now a company director and I want to keep a clean record. I am considering challenging this matter if x Police proceed with prosecution after I return the form requiring information about the driver.

Louise Says:

Thank you for your question.

There are guidelines to suggest that speed cameras should be visibly and that there should be warning signs, but unfortunately these are only guidelines and not a statutory requirement.

If you challenged the matter the magistrates would only concern themselves with whether or not the police could prove beyond reasonable doubt that you were speeding at the time of the alleged offence.

Can you tell me did this happen on the x Bypass? We have had a number of problems with the NIP being too vague in relation to the location of the alleged offence in this area..? The NIP has to be really precise and the x Bypass cases don’t seem to comply.

If you accept the speed you should take the ticket otherwise you will just get higher costs and fines at court. If you deny the speed or the NIP is really vague then come back to me and I will be happy to assist further.