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Legality of Speed Cameras
Aiden
post Wed, 28 Aug 2019 - 22:53
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Hi,

Had a bit of time this evening so was reading up on a file published by Parliament on speed cameras: http://researchbriefings.files.parliament....350/SN00350.pdf

Just had a few questions and wanted to see what you lot think.

1. Am I right in assuming speed cameras simply can't just be put up where the police/council feel like it. On Page 4 on the Parliament document, I read the following but I do notice it states "recommended" and not "must":

QUOTE
For selecting potential camera sites, it is recommended that analysis of collision data
should be undertaken over a minimum period (e.g. most recent 3 years, or preferably 5
years) to determine whether a camera is an appropriate solution to reduce speeds
and/or collisions at that site. Average (mean) and 85th percentile speeds should also
be collected so that the data is not more than 12 months old. This will help to
demonstrate the level of non compliance with the speed limit, which itself should also
have been constant over the same minimum period.
The local partnership is fully accountable for these decisions and should be proactive
in communicating information on the deployment of cameras through the usual
channels, including the Local Transport Plan process and local Speed Management
Strategies.


2. I've read quite a few comments on here from experience members who say signs aren't necessary for enforcement of cameras. On this document I feel it states signs should exist and they must be at regular intervals. Could it then be a viable case that if no sign is there, the camera isn't enforceable and even if it is there, the first sign needs to be no more then 1KM and repeaters need to be used. I'm getting my source on Page 4 again towards the bottom. Again, "should" makes me think its not actually necessary. Also be intrested to know how this works for 30MPH limits that just need street lighting:

QUOTE
Camera signs should continue to be co-located with speed limit signs where permitted
and practicable.
For fixed speed enforcement, co-located camera and speed limit reminder signs
should continue to be placed to allow the signs and speed camera to be visible to the
driver in the same view. A camera sign may also be placed not more than 1 km from
the first camera housing in the direction being enforced


3. Another "should" paragraph but this time in terms of visibility. Am I right in thinking cameras must be yellow and if the limit is less then 40MPH, a 60 Meter visibility is needed or 100 meters for anything greater. Again Page 4 going onto Page 5. So if I got caught speeding and the camera was either grey or obscured by bushes, could this be a legal defense?

QUOTE
Depending upon the enforcement method used, speed camera housings (including
tripod-mounted cameras) or the camera operator or the mobile enforcement vehicle
should be clearly 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.



Sorry if these sound a bit foolish. Just curiosity smile.gif

This post has been edited by Aiden: Wed, 28 Aug 2019 - 22:56
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post Wed, 28 Aug 2019 - 22:53
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southpaw82
post Wed, 28 Aug 2019 - 23:18
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No, you’re not correct.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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The Rookie
post Thu, 29 Aug 2019 - 10:59
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That was guidance for the National Safety Camera partnership programme, a programme that no longer exists. It defined how they must carry out enforcement in order to benefit from the receipts.

Of course a camera is neither legal nor illegal, it's whether it's evidence can be used to convict a driver in court that is the issue, none of that helps at all and never did.

And no, it offers no help for your case either, sorry.

This post has been edited by The Rookie: Thu, 29 Aug 2019 - 11:05


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TryOut
post Thu, 29 Aug 2019 - 20:46
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QUOTE (The Rookie @ Thu, 29 Aug 2019 - 11:59) *
That was guidance for the National Safety Camera partnership programme, a programme that no longer exists. It defined how they must carry out enforcement in order to benefit from the receipts.

Of course a camera is neither legal nor illegal, it's whether it's evidence can be used to convict a driver in court that is the issue, none of that helps at all and never did.

And no, it offers no help for your case either, sorry.

The safety camera program didn’t exist for 6 years before that document was written.
It doesn’t even constitute guidance as none of it need be observed at all.
Even when the partnerships existed the speed cameras were not restricted in terms of where and why they were placed. Yes there was guidance in how to treat accident hot-spots but you could use them anywhere else and you still can.
No need for warning signs either, just a waste of time really.
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