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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2012
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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I am disputing a traffic ticket at the end of the week. I

Customer Question

Hi I am disputing a traffic ticket at the end of the week. I have received the officers notes and a calibration certificate of the laser used to measure my speed. I'm wanting to know what calibration frequency ( how often a device must be calibrated) is required by law or regulation in BC Canada?
Thanks
Submitted: 8 months ago.
Category: Canada Law
Expert:  Copperlaw replied 8 months ago.

Good evening

In order to satisfy the court that the device was calibrated and functioning within manufacturer specifications, the device should be tested both prior to and sometime after the readings were taken. Typically, this is done at the beginning of the shift and then again at the end of the shift. If there are accurate tests on either side of the reading, then the court accepts that the instrument was functioning properly at the time.

Let me know if you require anything further.

Also, please take a moment to leave me a positive rating.

Jim

Customer: replied 8 months ago.
Thx Jim. Yes I was aware of the pre and post daily calibration. But also wondering if it has tho be sent out regularly to an external lab for testing? The certificate I have for the laser that was used in my case is from an external lab ( kustomsignals) I have read that is is required on an annual bases in many states in the US? Just wondering if Canada had any similar laws?Thx
Kristy
Expert:  Copperlaw replied 8 months ago.

Hi Kristy

No, there are no such requirements in traffic court to provide for documentation of calibration outside of the actual testing pre and post. They are presumed to be accurate when they leave the factory and are presumed to be accurate if the two calibrations provide positive results. It is also understood that when units are found to be out of calibration at the time of a daily test, they are then taken out of service and only returned once properly calibrated.

If the courts receive evidence of the pre and post calibrations, then they accept that the unit is functioning properly.

Jim

Expert:  Copperlaw replied 8 months ago.

That is however, subject to the court accepting that the two tests were completed in accordance with the manufacturer's recommendations.

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