Scamera Van camera conformity |
Scamera Van camera conformity |
Mon, 20 May 2019 - 12:18
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#1
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Member Group: Members Posts: 73 Joined: 22 Jan 2007 Member No.: 10,228 |
Hello,
I've been snapped doing 81 in a 70 (apparrently, it's possible but unlikely I feel) by a mobile camera van. Reading the calibration certificate for the camera used the details are: Calibrated 1st October 2018 by Lasertec Centre in Warwick. Camer is a LTI 20-20 UltraLyte 1000 and Lastec Concept 11 video system I read on here that some of the cameras are not calibrated correctly and some don't conform to the requirements. The different possibilities are complex so can I ask, is there any chance that either of these things might apply here? Thanks, Ian This post has been edited by Pianolegs: Mon, 20 May 2019 - 12:28 |
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Mon, 20 May 2019 - 12:18
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Mon, 20 May 2019 - 12:27
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#2
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Member Group: Members Posts: 291 Joined: 12 Jan 2013 Member No.: 59,321 |
Assuming annual calibration is required on the equipment then it is in date as the October 2018 date would be when it was last calibrated and not when the calibration expired.
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Mon, 20 May 2019 - 12:27
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#3
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
No.
Yearly calibration is normal and even if it was out of calibration it doesn't, of itself, provide a defence. For clarity a NIP is a notice, of itself it is neither enforceable nor unenforceable! This post has been edited by The Rookie: Mon, 20 May 2019 - 12:28 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 20 May 2019 - 12:29
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#4
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Member Group: Members Posts: 73 Joined: 22 Jan 2007 Member No.: 10,228 |
Thank you Chaps. Apologies, but I just realised what a dumb question that was so reworded the original having done a bit more research on here.
Thanks. |
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Mon, 20 May 2019 - 12:30
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#5
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
A NIP is not enforceable or unenforceable. It is simply a Notice saying a prosecution is being considered. If you mean would the (in your view) deficient or possibly faulty calibration make a prosecution likely to fail the answer is no. You will have to show that the device cannot be relied upon to show you exceeded the speed limit. Part of your case might be that it had not been properly calibrated but that alone would not see you through. As you mention, it is a complex issue which you would almost certainly not be able to tackle without expert advice. If the prosecution has to enlist its own experts to counter your claim you will pay (quite heftily) for their costs in the event you are convicted.
You should be offered a Speed Awareness Course for that speed (provided the offence did not take place in Scotland and that you have not done one for an offence that occurred in the last three years). If you don't fancy that a Fixed Penalty of £100 and three points will be offered. If you fanny about asking for evidence of calibration or question the accuracy of the device those offers will not be made. Make sure you respond by providing the driver's details within the 28 days allowed or you commit a separate, more serious offence. [Edited to take account of the OP's changes] This post has been edited by NewJudge: Mon, 20 May 2019 - 12:36 |
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Mon, 20 May 2019 - 12:56
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#6
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Member Group: Members Posts: 73 Joined: 22 Jan 2007 Member No.: 10,228 |
A NIP is not enforceable or unenforceable. It is simply a Notice saying a prosecution is being considered. If you mean would the (in your view) deficient or possibly faulty calibration make a prosecution likely to fail the answer is no. You will have to show that the device cannot be relied upon to show you exceeded the speed limit. Part of your case might be that it had not been properly calibrated but that alone would not see you through. As you mention, it is a complex issue which you would almost certainly not be able to tackle without expert advice. If the prosecution has to enlist its own experts to counter your claim you will pay (quite heftily) for their costs in the event you are convicted. You should be offered a Speed Awareness Course for that speed (provided the offence did not take place in Scotland and that you have not done one for an offence that occurred in the last three years). If you don't fancy that a Fixed Penalty of £100 and three points will be offered. If you fanny about asking for evidence of calibration or question the accuracy of the device those offers will not be made. Make sure you respond by providing the driver's details within the 28 days allowed or you commit a separate, more serious offence. [Edited to take account of the OP's changes] Thanks. I thought it would probably be something like that. Had to ask. Much appreciated. |
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