Having just received my first ticket of the year here in Germany(5km over the limit )
it made me wonder about Gasco cameras in the UK.In mainland Europe
speed cameras take the front of the vehicle which includes a excellent quality picture
of the driver.If the driver is not the owner then you must divulge the driver name if you do
not want to pay the fine (there are no points for small over the limit offences).
If the photo for some reason the picture of the driver is blurred which can happen
and the authorities ask who the driver was you can decline to say and that is the end.
The reason being under the European civil liberties (which the UK is now a
signature it is a valid defence not to incriminate yourself or a member of your family.
This is applied throughout Europe because the photo is taken from the front this happens on
very rare occasions.The UK takes a photo from the rear and can in no way prove who
the driver was leaving it open for banned drivers or those with to many points to escape being banned
by substituting a relative or friend.Surely the Uk must fall into line with the rest
of Europe if it and has agreed to the document because first line of defence is that I am
allowed not to incriminate myself.
It would be interesting to here from somebody who works in this type of law.
Regards Andy Bairsto
Germany
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Dear Andrew,
A case on this came up before the Appeal Court and it was ruled that in the UK the EU Directive was not a legitimate defence for failing to identify the driver. This ruling over-ruled a previous High Court ruling in Scotland.
HJ
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We're getting the speed cameras that photograph the front of the car in the UK too. I've seen them on the A14 for example. Most unfair - by the time you've seen them it's probably too late. Andy's comment worries me though - 5km/h over the limit is only 3 miles/h. Are they always set that 'tight'?
Regards
John
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The normal rule applied by police in the UK is to prosecute motorists who are doing more than 10% plus 3 mph over the limit. ie 36 mph in a 30 mph zone. As a matter of interest, at the moment the police are setting cameras well over this. I did a case recently (I am a Barrister) concerning a crash on the South Circular road in Dulwich, London, as the road passes the park. The limit is 30. The single Gatso on that section is set at 45 mph. (The motorist was not caught by the camera because he braked for it. He crashed about 800 yds further on, on a corner with a traffic light and narrow "street furniture" which in my opinion was a contributing factor.)
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One (actually two) for the Barrister.
As motorcycles are not legally obliged to have a front number plate, how sucessful are speed cameras which photograph the front of the vehicle with motor cycles?
Also I understand that the latest digital speed cameras use character recognition to identify number plates, but at present 'seek' a standard number plate shape within the frame with which to work. However, I'm told they cannot recognise square plates with two rows of digits. Are we to expect square plates (currently legal?) to be banned?
Regards
John
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Answer to John Slaughter.
1) The cameras which photograph the front of a vehicle, used by police hiding behind trees etc, can not be used on motocycles, (unless the operator looks round and sees the Reg No with his eyes!) This would be theoretically admissible in court but I doubt that they would prosecute because it is not approved proceedure.
2) The digital cameras are spaced 500 metres apart and can cover several miles. They look like normal video cameras on top of a pole. Each pole normally has a number at the bottom eg "CAMERA 13" etc. (The ones on the M2 near Chatham go from the south sideof the Medway as far as the services past the Chatham turn off on the north side.) They are very expensive to install and are being used in roadworks and other danger areas. They work out average speed so braking for them does not help. They can recognise square plares but have great difficulty reading the funny lettering sometimes seen on "wide" Escort XR3is or lowered coupe Mercs with black windows, leaving a trail of Cannabis smoke behind them. However these "funny" plates are only legal on cars first registered before a certain date, 1992 I think.
A Barrister.
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Tristan
Thanks for that - I assume that it has been decided that the other benefits of these cameras outweigh the 'loss' of a few speeding motorcyclists.
I guessed the character recognition systems would struggle with the funny plates, but the issue of reading square plates has obviously been sorted.
Regards
John
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Hi,
May I ask a quick question...?
I was stopped on the M5, but in the summons, the reg no of the car I was driving has been given incorrectly.
Can I ask the court to dismiss the case? I am appearing in person next week.
Thanks in advance.
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