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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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today I approached a clealry marked mobile speed camera van,

Resolved Question:

today I approached a clealry marked mobile speed camera van, I was within the speed limit. However, I pass the same van earlier this morning but was travelling in the opposite direction and did not see the van at all as it was parked out of view, obscured by a wall and trees. I may have been speeding. Does the van not have to be clearly visible to the car driver in the dricetuon being travelled?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Were you caught speeding please?
Customer: replied 2 years ago.

Not sure yet, it only happened this morning so if I have been caught it will be some days before I receive the notice.

Expert:  Jo C. replied 2 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.
Customer: replied 2 years ago.

hi, House of Commons standard note SN350 April 2013 states "the camera operator or the mobile enforecment vehicle should be clearly visible from the drivers viewpoint". This van was visible in one direction of travel only. what aurgument do have if I receive NIP?

Expert:  Jo C. replied 2 years ago.
That is a HoC notice which is not law.

You do not have an argument if you do receive a NIP for the reasons above.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
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