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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice
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can an average speed camera be used as a speed camera in isolation

Resolved Question:

can an average speed camera be used as a speed camera in isolation when the signs clearly state average speed cameras in use
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.
Is there any reason you think it could not ?
Customer: replied 2 years ago.

because if it is used as a GATSO it does not reflect average speed

& all signs clearly state[ average speed cameras in use]

the camera is on its own & you have to pass through traffic lights to get to camera,as roadworks are ongoing there is also a 40mph speed limit

if you have to wait at traffic lights the average speed camera is ineffective,

it would appear camera is used as GATSO, not as warning signs state

Expert:  Jo C. replied 2 years ago.
So your question is whether there is the facility to use a camera in that way?
Not whether the law allows it? The signs are a non issue.
Customer: replied 2 years ago.

can they legally use average speed cameras as GATSO

Expert:  Jo C. replied 2 years ago.
Well, it depends what you mean.
The signing points that you mention are a non issue.
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.
However, an average speed camera normally only takes one photograph which is not normally sufficient to work out the speed of a vehicle. GATSOs work by taking two photographs at point a and point b and calculating the speed of a vehicle by reference to the time it took them to travel between the points. An average camera is not normally capable of doing that.
It depends whether this is an average speed camera incapable to taking two photographs or not.
Can I clarify anything for you?
Jo
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