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cabbyman
post Sun, 17 Nov 2019 - 14:46
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Given the lack of any markings on the road surface, would any pics from this camera be enforceable?

https://goo.gl/maps/NhjGXuf7fA3mcWyj7


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post Sun, 17 Nov 2019 - 14:46
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andy_foster
post Sun, 17 Nov 2019 - 16:18
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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.


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Andy

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cp8759
post Sun, 17 Nov 2019 - 16:26
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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.


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andy_foster
post Sun, 17 Nov 2019 - 16:31
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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.


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Andy

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cp8759
post Sun, 17 Nov 2019 - 16:43
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This is true but, in light of the current wording of section 20, is only of historical interest.


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andy_foster
post Sun, 17 Nov 2019 - 16:47
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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.


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Andy

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Jlc
post Sun, 17 Nov 2019 - 19:55
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The lines were there...


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Private Parking - remember, they just want your money and will say almost anything to get it.
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cp8759
post Sun, 17 Nov 2019 - 20:06
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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.


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andy_foster
post Sun, 17 Nov 2019 - 21:37
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No


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Andy

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cabbyman
post Mon, 18 Nov 2019 - 15:01
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QUOTE (Jlc @ Sun, 17 Nov 2019 - 19:55) *
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.


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