Challenging speed camera offences

Speed camera is a term used to describe a number of different pieces of equipment which can be used remotely on their own, such as GATSO, SVDD, SPECS, a laser with camera attached and Truvelo, and machines which are operated by police and civilian workers such as hand-held laser devices, VASCAR and PILOT, all of which can measure drivers who exceed the speed limit and commit camera offences.

With cameras increasing throughout the UK, including average speed' (time over distance) cameras which monitor a long stretch of road or a contained area, it is increasingly easy for a motorist who is driving safely and reasonably to be flashed' as his vehicle passes one of the roadside machines.

However, not all speeding offences brought to the courts can be justified by the authorities and there can be grounds for defence against conviction, including challenging the manner of the recording of the speed.

To obtain a conviction, the police, as represented by the Crown Prosecution Service in court, must prove a number of aspects to show that the vehicle was speeding at the alleged time and place.

These are:

• The camera/device is one approved by the Secretary of State for Transport;
• On the day of the offence it was operating correctly;
• The stretch of road concerned is subject to a certain speed limit;
• The make, registration number and speed of the vehicle identified;
• The identity of the driver.

In some camera offence cases which have been successfully challenged, the police have failed to comply with one or more of the actions needed in the above list, such as the camera working incorrectly, the vehicle being incorrectly identified or the driver being unknown.

Providing information about the driver

Before a court hearing, the defendant is entitled to see copies of all the evidence, such as photographs, which would be used by the prosecution to prove its case.

Following an apparent speed camera offence, the police have 14 days thereafter in which to send a Notice of Intended Prosecution (NIP) to the registered keeper of the vehicle. This is usually sent by standard post and, if it fails to arrive in time, the case may not proceed, however if the prosecution procedures have been correctly followed, a defence based on that alone may not succeed.

As part of the NIP, the registered keeper will be asked to name who was driving the vehicle at the time of the alleged offence. The penalty for failing to give the information is a fine and three points on the keeper's licence.

There are two defences available to anyone failing to provide information: one is reasonable diligence' i.e. that the vehicle keeper has been reasonably diligent in trying to discover the identity of the driver and the other is for the keeper to have more than the statutory 28 days to notify the authorities of the driver if he or she is away for more than that time.

If a car is registered to a company and a responsible officer of the company fails to provide information about a driver alleged to have been speeding, the company could be convicted and fined for failing to provide information but the officer would not be convicted if he could prove to have taken reasonable steps to identify the driver.

Although roadside GATSO machines are the most common means of drivers being caught exceeding a speed limit, police in patrol cars and on foot can use other speed-measuring devices. If you were stopped by officers at the time of such an incident and they issued a verbal Notice of Intended Prosecution, the police have six months within which to send the necessary paperwork.

Disqualification under totting-up

If you are offered a fixed penalty for the offence, you do not have to attend a court hearing and will have to pay a minimum fine of £60 with three penalty points on your licence.

You may need to go to court if the alleged offence is deemed serious or if you already have points on your licence which might render you liable to disqualification under totting-up.

Points for offences such as speeding remain on a licence for four years from the date of the offence. Twelve points within three years will result in a minimum six-month ban unless there are particular mitigating circumstances.

If you either choose to appear in court or are ordered to do so, the magistrates will decide on the level of fine and number of points imposed. An award of costs may also be made against a losing defendant.

With camera offences becoming more common, and the consequent risk of disqualification through totting-up, it is important to take advice from a specialist motoring solicitor if you are faced with a NIP which you wish to challenge.

Don't be caught out by a failure to understand the law, the time limits, the availability of a statutory defence, or by a lack of awareness of other entirely legitimate challenges to the speed camera procedure.

For further information please contact us on 0800 804 8159 or get in touch via our online enquiry form.