radar traps

[branca]

Hi I was out today and went through a radar trap where the policeman is stood outside of his car pointing a hand held gun at the traffic. Can you get a fine from these as I presume there is no photographic evidence to say who was driving.

[Rob_Beech]

You can get a fine, they log vehicle details. a fine will be sent to the registered keeper. Although its not easy to prove who was driving with this type of trap.

[dan_999uk]

Normally you would be signalled to stop immediately by the police officer (or one of his colleagues) and be issued with a warning or fixed penalty by the roadside.

You are very unlikely to receive a postal notice of intended prosecution or fixed penalty notice as a result of a hand-held speed check.

[branca]

dan - thats what I thought - thanks

[JudgeJ]

Dan is quite correct in that it is usual to stop motorists suspected of speeding in these circumstances. However, a few words of warning and clarification.

With the �traditional� safety camera process, the photographs taken can rarely identify the driver as most of the cameras currently in use work from the rear of the vehicle. In any case it is not necessary for the prosecuting authorities to identify the driver at the time of the offence. The registered keeper is required to provide these details.

The request for this information usually forms the first part of the �fixed penalty� process and is usually accompanied by a �conditional fixed penalty offer�. This offer invites the driver to accept guilt and pay a fixed penalty (�60 and 3 points) without going to court. The offer will not be made if the speed is excessive and will not be continued if the 3 points awarded to the driver would take him to 12 or more.

Failure to provide the information within the prescribed timescales is an offence under Section 172 of the Road Traffic Act and attracts a fine (of more than �60) and three penalty points against the registered keeper.

Whilst this process can be used following detection by hand held radar traps, it is not usual.