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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Hello there, I have been caught speeding in a village location

Resolved Question:

Hello there,
I have been caught speeding in a village location in Bedfordshire. 37 mph in a 30 limit. The cameras that registered my speed are two video type cameras located on the tops of electronic 'Slow Down' signs. One camera is located as you enter the village and the other is located as you exit the village. The system measures the time it takes to pass through the village and calculates your average speed from this data. There are no yellow camera signs, or the cameras themselves are not coloured yellow. They are a stelthy black.

I have received an NIP which I have replied to saying that I was the driver on my company car at that time/date. I have now received a further notice giving me a choice of taking a driver safety course, cost £90. Or pay £100 fine and take 3 points on my licence. Or to go to court.

Please can you advise me where I stand concerning the fact of no camera signs etc. and also the likelihood of winning the court case if I challenged it? Or is it best just to go on the driver course to avoid the court costs and the points.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

On what basis do you wish to challenge this please?
Customer: replied 3 years ago.

Should speed cameras be clearly marked and coloured yellow?

Expert:  Jo C. replied 3 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.
All that is a complete myth I’m afraid.
There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.
The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.
What they cannot do in law is obscure the speed limit signs in any way. Then the motorist would have a challenge. There are only three automatic speed limits in the UK. The first is 30 mph in a restricted zone signed by street lights, the second is 60 mph in a single carriageway without street lights and the third is 70 mph on a motorway. If they want to vary those limits then they need authority from the Department of Transport and they need to erect signs that amount to ‘adequate guidance’ under S85 Road Traffic Act.
Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.
Hope this helps.
Jo
Customer: replied 3 years ago.

 

Ok, thank you for your time and advise. I think I will therefore pay my £90 and go on the drivers course.Smile

 

Many thanks,

Mark MG.

 

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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