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Legality of Fines if 2 Vehicles Appear on the Photo

Question:

If there are 2 vehicles on a speed fine photo, is this a valid fine? How can they determine which vehicles' speed was measured? What is the effect of the 2 vehicles on the accuracy of the reading?

Answer:

The following is from the PROSECUTING GUIDELINES FOR SPEED MEASURING EQUIPMENT [SME] AND TRAFFIC LIGHT VIOLATION MONITORING EQUIPMENT:

The provisions in this document are operational guidelines only and non-compliance does not influence the accuracy or reliability of measurement results. The decisions whether or not to prosecute remains in the discretion of the prosecutor.

GUIDELINES FOR PROSECUTION WITH REGARD TO SPEED MEASUREMENTS BY RADAR EQUIPMENT NOT LINKED TO A DATA AND IMAGE CAPTURING DEVICE:

When selecting a site for a speed measurement exercise, the following must be adhered to:

  • There shall be no large, stationary, or metal objects (e.g. patrol vehicle, bus shelter) within a radius of 50 metres in front of the radar SME.
  • There shall be no metal road signs or vertical flat surfaces within 15 (fifteen) degrees on either side of the aiming direction, within a distance of 200 metres of the antenna.
  • The equipment may only be used where there is a clear view, any obstruction taken into account, within 45 degrees of the direction of aim over a distance of 600 metres.

GUIDELINES FOR PROSECUTION WITH REGARD TO SPEED MEASUREMENTS BY LASER EQUIPMENT:

When selecting a site for a speed measurement exercise, the operator must have a clear and uninterrupted view of the road and the vehicle measured for the duration of the measurement. When viewed from the SME there must be a clear, visible separation between the vehicle target and any other visible vehicle.

GUIDELINES FOR PROSECUTION WITH REGARD TO SPEED MEASUREMENTS USING DISTANCE-OVER-TIME MEASURING EQUIPMENT (FIXED DISTANCE/VARIABLE TIME):

If two or more vehicles are in the measurement area between the sensor lines at the same time, the measurement is to be rejected, except on the case of lane specific sensors.

GUIDELINES FOR PROSECUTION WITH REGARD TO DATA CAPTURING AND RECORDING DEVICES FOR SPEED MEASUREMENTS AND TRAFFIC LIGHT VIOLATIONS (EQUIPMENT SUCH AS WET FILM CAMERAS, VIDEO CAMERAS, DIGITAL CAMERAS):

  • Where any other sensors e.g. laser or radar are used, an image of the area with an angle of view sufficient to ensure that the speeding vehicle is clearly identified in relation to the measuring position and other vehicles which may be nearby; and
  • that two or more vehicles are not in the measurement area between the sensor lines if the sensor lines are general or not lane specific, and if lane specific, the lane of violation shall be indicated; or
  • depending on the Speed Measuring Equipment used, you may argue your fine that has two vehicles in the photo by using the above.

Note once again that the provisions in this document are operational guidelines only and non-compliance does not influence the accuracy or reliability of measurement results. The decisions whether or not to prosecute remains in the discretion of the prosecutor.

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