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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64149
Experience:  Over 5 years in practice.
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I was caught speeding on the AI near the QMU heading east.

Customer Question

I was caught speeding on the AI near the QMU heading east. I can't argue about the fact I was speeding although it is ridiculous that this stretch of road is 50mph, it should be either 60 or 70. However, I was clocked by the police using a hand held speed gun in a fully marked Police Estate car, neither myself or my passenger saw any car or any policeman and according to "evidence section 12 12.1, operators should be standing outside of vehicle...and should normally do so from positions where they are clearly visible to the public", not the case. I was given a fixed penalty notice, but I did not know to question the police officers about how, why and where they were lying in wait, is it worth asking the question out of principal if nothing else.
Submitted: 12 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 12 months ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Not really to be wholly honest. All that is a bit of a myth.

There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.

The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.

The only challenge arising is that location and method of operation can affect the reading. The principle being that the device can only be relied upon if its used in accordance with the guidelines but I have to say that I've found generally that Magistrates will find the reading reliable unless a police is literally say that he was using it through an opaque surface or round a corner!

There's a good deal of nonsense on the internet about things like this I'm afraid.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64149
Experience: Over 5 years in practice.
Jo C. and 3 other UK Traffic Law Specialists are ready to help you
Customer: replied 12 months ago.

I need to do some more research and I will get back to you with some more questions, but thank you so far.

Expert:  Jo C. replied 12 months ago.
No problem.
Customer: replied 11 months ago.

It is very frustrating to know that the police have guidelines and ignore them, just like the number of traffic cops you see travelling along the motorway doing 80+ without the blue flashing light, give them a uniform and they think they are god.


So, in conclusion, one law for the peasants and one law for the police...very dangerous.

Expert:  Jo C. replied 11 months ago.
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