Average Speed Cameras

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#1 Average Speed Cameras

Post by luxardo » 03 Feb 2018 09:30

Surely if you commit an offence the charge has to state where the offence was committed ?
With average speed cameras the actual location of exceeding of the limit cannot be determined exactly, just narrowed down to anywhere within the distance between 2 cameras (which can be several miles in some cases).
Would it be an adequate defence, if caught by this system, to plead not guilty on the grounds that the location of the alleged offence is not stated ?

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Pote Snitkin
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#2 Re: Average Speed Cameras

Post by Pote Snitkin » 03 Feb 2018 18:45

They've probably got it covered in some wording somewhere, something like 'in speedzone 5' or 'between camera C and camera D.

Makes you wonder why they haven't yet tried to determine how many times between 2 cameras someone sped - they only NIP for one offence but technically the driver could have broken the limit several times - revs up to 90mph, back down to 60, revs up to 100mph, back down to 60 etc.

If it turns out to be a valid excuse however, they're gonna be spitting feathers.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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#3 Re: Average Speed Cameras

Post by luxardo » 04 Feb 2018 04:52

Yes, also the speeding tickets I've had in the past have always stated the speed I was going as well. This is not possible with an average speed check. I'd be interested to see an actual NIP from one of these systems and what it actually states.

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#4 Re: Average Speed Cameras

Post by luxardo » 05 Feb 2018 06:26

Certainly Part 1 of the Road Traffic Offenders Act 1988 states that a time and place of offence has to be specified

.....within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed.....

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