If The Police Don't Show The Camera Calibration Certificate, Is Their Allegation Still Valid?

[DanDanTod]

I was sent a ticket for speeding a few weeks ago by a mobile speed camera. I pleaded not guilty since I don’t speed as a general rule anyway but on this occasion I was with my youngest son and would never do anything to endanger him.

I requested the speed calibration certificates and site map, both of which still haven’t been produced. If they are unwilling to provide the proof of calibration does this make their allegation void? If anyone has any advice or knows any case law, it would really be appreciated.
A few days later I saw the same van again, and it was parked on the hard shoulder (I was “caught” on a dual carriageway) which is illegal since it endangers other drivers when they pull in and out (ironic, I know). Would this also hinder their allegation against me as they should never have been parked there in the first place? Again, if anyone has any advice of knows any case law then it would be appreciated.
Many thanks

[Mamyalynne]

This is a few years old but may contain some info for the time being.


http://www.theanswerbank.co.uk/Law/Question1299687.html

[hc4361]

The police can park wherever they want to detect speed offences and where they park gives you no defence.

[EDDIE51]

As it says in the related post, to challenge the ticket you first need to refuse the fixed penalty if offered and take the ticket, then plead not guilty at trial. Then you have to produce your evidence as to why the camera was wrong.
You say this was 'a few weeks ago' in that case the deadline to accept the fixed penalty has probably passed and you will end up with a court date.
You may well have missed an opportunity to take a speed awareness course instead of points and a fine.
Again as said in the related post, it is NOT up to the police to prove the camera was correct it is up to you to prove it was wrong!

[Baldric]

See 2147 post here

http://www.theanswerbank.co.uk/Law/Question1299687.html

[Bazile]

Just as a matter of interest though - who checks that the devices have had the calibration done as and when they are due ?

How do we know that faulty / uncalibrated devices are not been used ?

[New Judge]

Yes my answer to the earlier question covers your question. (I noticed there is a typo in that answer. I suggested that failure to provide driver’s details results in a prosecution under S165 of the Road Traffic Act. In fact it is S172. S165 deals with police powers to seize vehicles). The prosecution has no obligation to produce any information regarding the calibration of the device unless and until you plead not guilty in court. Even then they are under no obligation to do so unless you launch a defence based on alleged inaccuracies concerning the device. The devices are assumed to be working properly unless you can prove otherwise. If you fail to do so it results in an expensive day out.

As for your specific situation, DanDan, you don’t say what stage in the process you are at but if you have not yet named yourself as driver you need to get a shift on. You have 28 days to respond and the clock does not stop should you raise any queries such as those you mention. If you fail to respond in time you will be charged under S172 and that carries six points, a hefty fine and insurance grief for five years. This is irrespective of any defence you may have to the speeding allegation. You say you have pleaded “not guilty”. I doubt at this stage you have had the opportunity to enter a plea as I doubt court proceedings have begun. The prosecution are unlikely to provide the information you have requested unless and until you plead not guilty in court. Then you need to be prepared to prove (on the balance of probabilities) that you did not exceed the speed limit as alleged. Can you do that? I would suggest you forget about calibration certificates or the positioning of the camera van (neither of which provides a defence). Just out of interest, what was the prevailing limit and the alleged speed and how fast do you think you were travelling?

[New Judge]

“Just as a matter of interest though - who checks that the devices have had the calibration done as and when they are due ?”

The devices are subject to regular checks. The frequency and format of those checks varies with the device.

“How do we know that faulty / uncalibrated devices are not been used ?”

We don’t – unless a challenge is mounted in court. Having said that if a challenge is mounted on the basis that the device has not been calibrated as the manufacturer’s guidance suggests or that it is alleged to be faulty, that in itself does not necessarily result in an acquittal. There's more to it than that.