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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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Recently I was travelling from Bournemouth on 13/12/2015 and

Customer Question

Customer: Good afternoon recently I was travelling from Bournemouth on 13/12/2015 and apparently been clocked doing 48mph on 40mph average speed check but I most certain that I was runing on tempo meter and only overtake 2-3 cars so im sure i could not go that fast
JA: Thanks. Can you give me any more details about your issue?
Customer: Notice of intended prosecution for the allege offence of : Exceeding temporary 40mph spped limit at 19:53:41 hours on 13/12/2015 at A338 spur road (temp roadworks)NBD
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to UK Traffic Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Contrary to s14(1)(a) && s16(1) RTRA 1984 Recorded speed 48mph
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Submitted: 11 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 11 months ago.

Hi.

How can I help with this please?

Customer: replied 11 months ago.
Also being electronic engineer I know on how many things dose cameras depend and any wrong distance can vary the speed by at list 10%
Customer: replied 11 months ago.
Thinking about travelling with speed limiter on at 40mph on small down the hill car can pick up speed roughly 10% which would make it 44.4mph(40x1.1) as speed limiter dose not apply brakes. Now as the cameras are temporary the distance between two is not spot on and variation even 10%
(44.4/0.9) pushes it over 48.8mphThat why I am not agreeing I was going any thing close to 48mph
Expert:  Jo C. replied 11 months ago.

Were you speeding?

Customer: replied 11 months ago.
No, as I said most of my trip from Bournemouth to London I was on tempomat
Expert:  Jo C. replied 11 months ago.

Are you prepared to risk costs at court?

Customer: replied 11 months ago.
I think so because for the last two mouths I have done well over 3000miles on the road and I know I have been careful not to exceed the speed limit(+5% max) and most of my trips were on tempomat
Expert:  Jo C. replied 11 months ago.

The tempomat will not be admissible in court.

At least you can give evidence that you were using it and what it said. It's findings will not be prefered over the GATSO or laser gun. The latter is regulated by the Department of Transport. The former is not.

You can always contest this. You can ask them to prove their device was working accurately. That may pay off. Sometimes devices do fail. The risk you are running is that you will lose and have to pay costs. Considering that you are only facing a fixed penalty fine for this the risk you are taking is a substantial one.

Average speed cameras can be challenged. They tend to be fairly reliable as devices go but they do rely on the accuracy of more than one camera by definition otherwise there cannot be an average.

It depends how important this is to you.

Can I clarify anything for you?

Jo

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