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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I received a speeding ticket today They claim I was doing

Customer Question

I received a speeding ticket today

They claim I was doing 35mph - odd that as it is the speed one must be in a 30mph area to receive a ticket

I have Three methods of measuring speed in my vehicle and they all agreed I was doing around 33mph (not high enough to be booked) on a road where there were other vehicals

So

1. How can I get a copy of their photographic record of the event

2. How do I get a copy of the accuracy / calibration check of the vehicles camera while at that site as required by law

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Why do you think they cannot issue a speeding fine for this speed?
Customer: replied 3 years ago.

I didn't say they cannot offer "notice of proceedings" - what I asked is how can I obtain copies of their "evidence"


 


1. I know their claim I was doing 35 mph is wrong as I have three calibrated instruments on my vehical that tell me what speed I was travelling


 


so before preceeding further I require two items of information - how do I get them


 


1. A copy of the calibration of their equipment when it arrived at the site - a legal requirement


 


2. A copy of the photgraphic evidence - also required by law - as there may be other vehicles or objects that could cause an erroneous reading


 


hope that's clear


 

Expert:  Jo C. replied 3 years ago.
Its not a legal requirement any more to provide a calibration certificate. The recent case of Bray is very damaging on that point. It pretty much says that they don't need a calibration certificate at all as long as the Court find the device readings 'reliable'.

However, they will provide a copy of the calibration certificate at Court usually 7 days before the trial.

Similarly the photograph is not required by law and, in fact, never way. Speeding fines were enforced by perceptions of police officers before GATSOs were invented.

If you want to raise the issue of obstructions or other vehicles setting off the device then that is a point for trial which would have to be pursued there. If you want evidence in advance then you have to submit a defence case statement raising that issue although if you are unrepresented they would probably accept a letter to CPS outlining your defence. They should then disclose anything that undermines their case or assists yours.

However, if you were doing 33 mph then were speeding I'm afraid and they can indeed prosecute this matter.

I'm very sorry if this is bad news.

Can I clarify anything for you?
Customer: replied 3 years ago.

I said I was NOT doing more than 33mph - that is allowing the 10% + 2mph required by law but is the very worst situation


 


In just the same way the law must be 30mph the tolerance is 35mph - which is an interesting number - as they claim I was doing "exactly" 35 mph - a very unlikely value


 


From the experience I have (over 45 years) it is likely to be just over 30mph or "wildly" over (40ish mph) ie genuine speeding - not exactly on the 35 mph limit - below is the tolerances


 









































Limit



Fixed Penalty



Summons



20 mph



25 mph



35 mph



30 mph



35 mph



50 mph



40 mph



46 mph



66 mph



50 mph



57 mph



76 mph



60 mph



68 mph



86 mph



70 mph



79 mph



96 mph



 


What exactly is such a speeding issue likely to compromise anything - the schools had closed and was just the normal commuter traffic of which I was one of many (as every morning) - so did they catch many people over the limit or just me - wierd !!!


 


Thoughts ??


 


 

Expert:  Jo C. replied 3 years ago.
I think I've really given you my view of this.

If you were doing 33 mph in a 30 mph zone then that is an offence. The 10% tolerance is a myth.

GATSO cameras are generally set at 10% higher than the speed limit to deal with minor breaches but thats not the same thing as being unable to prosecute.

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