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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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When the police use radar guns facing towards the traffic flow,

Customer Question

When the police use radar guns facing towards the traffic flow, how far inside the restricted zone should their van be parked to avoid catching a vehicle outside the zone? Does the law give a distance from the restriction notice to where their vehicle containing the gun should be parked?
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.

When did you receive the fine please?
Customer: replied 3 years ago.

For Jo C 14th October

Expert:  Jo C. replied 3 years ago.
Thank you.

Were you speeding?
Customer: replied 3 years ago.

I was speeding when the photo was taken but was below the limit when passing the police van. I saw the van before passing it. The limit inside the restricted zone was 50 and before the zone it was 60. They claim I was doing 60 inside the zone

Expert:  Jo C. replied 3 years ago.
Thanks. This isn't a point of law but its in the ACPO Guidelines. I'm out at court right now but I can look it up in about an hour if thats ok?
Customer: replied 3 years ago.

For Jo C I look forward to your reply later


 


 


Jim Bailey

Expert:  Jo C. replied 3 years ago.
Thanks.

Im on it.
Customer: replied 3 years ago.

for Jo C good


 


Jim B

Expert:  Jo C. replied 3 years ago.
Hi

I found the guidelines and they don't assist I'm afraid. You will find them here

http://www.acpo.police.uk/documents/uniformed/2011/201112UOBAOpUseSRLODTv11.pdf

you are almost certainly describing an across the road radar gun which you'll find on page 25. If you do mean a handheld then that is on page 21.

Neither demand a minimum distance for the police officers although there is a minimum distance that the speeding vehicle must observed to travel.

The ACPO guidelines in any event are just guidelines rather than law. The question you are raising is whether or not the findings of the device are 'reliable'. Following the case of Bray that is the only test for a court.

It is always possible to contest these things and ask them to prove it. Sometime they forget to summons and if they do then thats great. Its never very likely that you will win but there is a small chance which can be useful for people who are on 9 points and need to keep driving.

I'm very sorry if this is bad news.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

for Jo C many thanks for info, I failed to get onto that website. However because I was doing the required speed when I was adjacent to their van, their device must have clocked me well up the road towards the speed restriction sign. Do you have any further comment regarding such a situation?


 


Jim Bailey

Expert:  Jo C. replied 3 years ago.
It should call up an Ebook. It takes me to it.

Laser guns do record vehicles travelling for much longer distances than GATSOs. Obviously if you were travelling within the speed limit before the entry into the speed restriction area then they can only enforce any speeding within the restricted area.

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