Just passed a fixed speed camera in a 40 zone and was flashed, the road has recently been resurfaced and there are no road markings for a secondary check, how do I stand legally ?
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Were the signs up to indicate the speed limit?
If the GATSO does take an admissible photograph then you will struggle to challenge this on facts.If you were speeding then you cannot deny it.If there were signs up to indicate the speed limit that were visible to the reasonably observant motorist then you cannot challenge the lawful speed limit I'm afraid.However, if the road did have markings then it is possible that the GATSO cannot get an admissible photograph. A GATSO camera takes two photographs of the speeding car and measure the time it took the vehicle to travel from point A to point B. To do that effectively there needs to be two fixed points. Usually there are two marks on the road although it doesn't need to use that but typically those are the two reliable points.Just because you set off the speed camera by travelling at speed does not necessarily mean it has photographs of you travelling between two fixed points.Hope this helps. Please remember to rate my answer either OK SERVICE or above.
If there are no fixed points then you are unlikely to hear as they just won't be able to calculate your speed.You can ask for photographic evidence but there isn't really any point. They will refuse. S172 imposes an obligation onto you to identify the driver rather than upon them to prove who was responsible.It will be my pleasure to continue but please rate my answer OK SERVICE or above.
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