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| The Law |
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Why isn’t any discretion given for a previous good driving record?
The law on speeding is clear and safety camera routes are clearly signed. A clean driving licence does not necessarily indicate a safe driver, as many drivers speed and endanger themselves and others.
Cameras are often too close to the change in speed limit sign.
Speed should be modified at the start of the posted limit. All camera sites are visible from a distance. Once past a speed limit sign you are required to drive at the speed stated (or less depending on road conditions and environment).
Is it true that the offence is not valid if the camera isn’t yellow?
No. The Government guidelines for high visibility enable the partnership to be eligible to reclaim the operational costs in relation to those offences detected by these cameras. The camera colour does not change the legal status of cameras if you have been caught speeding.
Speeding is not a serious offence – everybody does it at some time.
Speeding is both a serious and criminal offence. Research and experience confirm that excessive and inappropriate speed is a major contributory factor in collisions that cause death and injury. The purpose of speed cameras is to encourage drivers to change their attitude towards speeding and comply with limits at all times.
I received a fixed penalty notice and I was only going 32mph in a 30mph zone.
It would be extremely unusual for any driver to be fined or prosecuted for travelling at 32mph in a 30mph limit. The police do not operate at levels often described as “zero tolerance”. The guideline issued by the Association of Chief Police Officers is not to prosecute motorists unless they are recorded as going at 10% plus 2mph over the posted speed limit. In the case of a 30mph limit that would be 35mph. This is to safeguard against any discrepancies there might be between speedometers and police equipment. Should you believe your penalty to be unsafe in any way you could seek recourse to the courts.
Who is responsible for placing safety cameras?
The responsibility for placing safety cameras rests with the National Safety Camera scheme managed by the Department for Transport.
Go to www.nationalsafetycameras.co.uk to learn more about safety camera partnerships in the UK.
Are all cameras correctly calibrated?
All cameras must have current calibration certificates, which can be submitted to a court if necessary.
If a speeding ticket is ignored, will there be follow up action?
If no response is received, a police officer will call at the registered keeper’s address to serve the papers personally. If matters get to this stage a court trial will be the only option where, if found guilty the penalty points and fines can be considerably more severe. Any attempt to give false information will result in criminal proceedings.
As the Human Rights Act is now law in England, it will make it impossible for people to incriminate themselves when asked by police who was driving the speeding car?
No, under section 172 of the Road Traffic Act 1988, the keeper of a vehicle can be required to provide the police with information on who was driving it when certain road traffic offences are committed. It is an offence not to provide the police with such information unless the keeper can show that he or she did not know and could not with reasonable diligence have found out.
These provisions are commonly used for offences detected by police speed cameras.
Why do the police allow drivers to exceed the limit by a significant amount before pulling them over, or triggering the speed enforcement camera?
There is some flexibility in application of the limits to safeguard against possible discrepancies between speedometers and police equipment.
While the police have made it clear that they will not be imposing a zero tolerance strategy, and will continue to use their discretion, they will be seeking greater compliance.
Better utilisation of cameras will allow them to enforce speed limits to the ACPO guidelines, where existing resource constraints may prevent this.
Why don’t police forces set their cameras at the same speed threshold?
It is an operational matter for each chief officer of police to decide at what threshold cameras are set. They have to take account of local circumstances.
The Association of Chief Police Officers issued guidelines in February 2000 on the speed thresholds where enforcement begins.
The Principles of Speed Enforcement as stated in the document are as follows:- “The enforcement of traffic law by the police should be guided by the principles of proportionality in applying the law and securing compliance;
targeting of enforcement action; consistency of approach; and transparency about what enforcement action is undertaken and why; and recognition that effective partnership with other organisations is essential."
I didn’t know what the speed limit was.
All changes of speed limit must be signed. Drivers must therefore assume the prevailing speed limit does not change unless and until they pass another speed limit sign. Local authorities have a responsibility to ensure speed limits are correctly signed or run the risk of being challenged in the courts.
If drivers are to comply with the speed limit they will need to constantly take their eyes from the road ahead to check their speedometers. This is dangerous.
It is not reasonable to claim that drivers are forced to watch their speedometers rather than the road. Safe driving requires concentration at all times and qualified drivers should be well aware of the approximate speed they are travelling without the need to constantly check their speedometers.
There are a number of situations in which it is necessary for drivers to be aware of what is happening on the road in directions other than immediately ahead. Examples include using rear and side view mirrors and checking at junctions and roundabouts in order to give way. These all require drivers to concentrate on other sections of the road other than those ahead and there is no evidence to suggest that such short and temporary diversions of concentration are a safety risk.
The police should enforce speed limits without relying on cameras.
Safety camera enforcement is just one way to control speed and the police still have a part to play in slowing traffic. Outside of the National Safety Camera Programme funding scheme the police may enforce speed limits using any equipment that has been approved by the Home Office and frequently stop drivers to offer advice about their speed without prosecuting. |
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