Secondary check for Truvelo |
Secondary check for Truvelo |
Sun, 17 Nov 2019 - 14:46
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#1
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
Given the lack of any markings on the road surface, would any pics from this camera be enforceable?
https://goo.gl/maps/NhjGXuf7fA3mcWyj7 -------------------- Cabbyman 11 PPCs 0
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Sun, 17 Nov 2019 - 14:46
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Sun, 17 Nov 2019 - 16:18
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#2
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Member Group: Life Member Posts: 24,212 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
According to a small number of High Court judgments (which are variously obiter and per incuriam) s. 20 RTOA the requirements of s. 20 RTOA 1988 apply exclusively to evidence adduced under s. 20(1) (and therefore the other permissive method under s. 20(6) doesn't exist), and in any case the conditions of type approval don't count unless it states in bold "this is a condition of type approval", unless it does state that, in which case it doesn't matter anyway.
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sun, 17 Nov 2019 - 16:26
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#3
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Even if type approval is an issue, there is a presumption at common law that a machine or device is working correctly unless the contrary is proven, and it is always open to the prosecution to adduce evidence the old fashioned way i.e. by means of a witness statement, in which case type approval issues go out the window.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 17 Nov 2019 - 16:31
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#4
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Member Group: Life Member Posts: 24,212 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
S. 20 (as originally drafted - or more precisely, copied over from s. 90 RTRA 1984) only had a single explicit provision - evidence from a radar speed measurement device was not admissible in any speeding prosecution unless it was of a type approved by the Secretary of State.
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sun, 17 Nov 2019 - 16:43
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#5
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
This is true but, in light of the current wording of section 20, is only of historical interest.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 17 Nov 2019 - 16:47
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#6
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Member Group: Life Member Posts: 24,212 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
There is a strong presumption in law, that a statutory provision carried over has the same meaning. The language of s. 20(4) is in essence the original s. 20.
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sun, 17 Nov 2019 - 19:55
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#7
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The lines were there...
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sun, 17 Nov 2019 - 20:06
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#8
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Isn't that a setup that uses buried sensors + radar, rather than radar + 2 photos half a second apart? In which case the buried sensors might still be there, and if they're working the fact that the lines are not visible is somewhat irrelevant.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 17 Nov 2019 - 21:37
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#9
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Member Group: Life Member Posts: 24,212 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
No
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Mon, 18 Nov 2019 - 15:01
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#10
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
The lines were there... The road was resurfaced but the lines were not repainted. I also wonder if the sensors, visible in your link, still work. -------------------- Cabbyman 11 PPCs 0
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