| How was I detected and can I be sure that the equipment was working properly? |
How was I detected and can I be sure that the equipment was working properly?
Vehicles exceeding the speed limit can be detected in a number of ways but Gloucestershire safety camera activity uses the following equipment:
>>Static Gatsometer (GATSO) Cameras (unmanned)
>>LTI 20/20 TS/M Speedscope Laser Speed Measurement Device (manned)
Drivers who do not obey red traffic light signals can be detected by the following:
>>Static GATSO Cameras (unmanned).
>>Static Traffiphot red light Cameras (unmanned).
All equipment is tested and operated in accordance with the manufacturers' instructions on every occasion that it is used. A calibration certificate in respect of each detection device is renewed annually in accordance with Home Office regulations.
See an example calibration certificate here.
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| What is the process after I have been caught speeding? |
What is the process after I have been caught speeding?
A Notice of Intended Prosecution must be sent to the last known address of the Keeper registered at the DVLA within 14 days of the detection of the alleged offence. This Notice must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. Errors in details of the alleged offence, time or place, will not automatically render the Notice invalid. If you dispute the details on your Notice you must request a court hearing.
The recipient of a Notice of Intended Prosecution has a legal obligation to respond to the Notice within 28 days in one of the following ways:
>>If the addressee was the driver of the vehicle at the time of the alleged offence:
by completing the form, admitting to being the driver and returning it to the address shown. In most cases the driver will then be sent a Conditional Offer of a Fixed Penalty, which subject to certain provisions being met, will enable the matter to be concluded by payment of a fixed penalty (currently £60) and an endorsement of three penalty points on the Driving Licence
>>If the addressee was not the owner or keeper of the vehicle at the time of the alleged offence:
by nominating another person as the new or previous keeper of the vehicle. Details must include the person's name and address.
>>If the addressee was the owner/keeper, but not the driver of the vehicle at the time of the alleged offence:
by nominating another person as the driver. Details must include the person's name and address.
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| What if I am unable to identify the driver? |
As the registered keeper/owner/ hirer /nominated driver of the vehicle you are legally obliged to supply details of the actual driver on the date of the alleged offence. Failure to supply these details may render you liable for prosecution under section 172 of the Road Traffic Act 1988. Only a Court of Law can decide if failure to identify a driver is reasonable
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| I don't believe that it was my Vehicle. |
If you are in any doubt as to whether your vehicle was involved in the alleged offence, telephone the Camera Enforcement Unit of Gloucestershire Constabulary on 01452 303317.
The office will then make appropriate enquiries to establish whether the details of your vehicle and those of the offending vehicle are the same. If there is a discrepancy in vehicle detail, appropriate action will be taken and you will be advised accordingly.
If there is no discrepancy then you may be required to provide the office with written proof confirming the whereabouts of the vehicle on the date in question.
If your vehicle was stolen prior to the date of the alleged offence then you must contact the Camera Enforcement Unit immediately.
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| The driver is no longer in the country. |
| In this instance you are required to provide written confirmation that the driver is now abroad for an indefinite period. Appropriate action will then be taken by the office, of which you will be informed. |
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| The European Convention of Human Rights |
There have been many misleading reports published on the subject of the Human Rights Act, 1998.
Under Section 172 of the Road Traffic Act 1988, the keeper of a vehicle is required to tell the police who was driving that vehicle when the offence was committed. It is an offence not to provide the police with this information unless the keeper can show that s/he did not know and could not, with reasonable diligence, have found out who the driver was.
Reports have suggested that a UK Court held that Section 172 procedure in camera cases was in breach of the Convention of Human Rights. This case involved unusual circumstances, including apparent administrative errors. It did not involve the use of speed cameras and the court did not conclude that the section 172 procedure on camera cases is in conflict with the Convention.
Our courts cannot choose whether or not they will apply Section 172, they MUST do so by law. This situation has not changed since the introduction of the Human Rights Act in October 2000. The situation at present is the same as it has always been: under Section 172 of the Road Traffic Act 1988, keepers/ drivers of vehicles are obliged to reply.
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| My driving Licence is at the DVLA/ has been lost/ has been stolen |
If your licence is at the DVLA, is lost or has been stolen, please telephone the Camera Enforcement Unit immediately on 01452 303317.
If your licence has been stolen you will need to quote a crime reference number. If necessary, prosecution can be suspended for a short period of time for the licence to be renewed. Failure to contact the unit may result in summons proceedings being initiated.
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| There is a mistake on the notice. |
| Errors in date, time, vehicle registration number or speed, which are caused through clerical error, will not necessarily invalidate the Notice. Any errors should be brought to the attention of the Camera Enforcement Unit immediately - telephone 01452 303317. |
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| What happens if I do not have a UK driving licence (i.e. my licence was not issued by the DVLA at Swansea)? |
The Camera Enforcement Unit is unable to accept any driving licence that has not been issued by the DVLA at Swansea. This is because the fixed penalty procedure is dependant on the surrender of a driving licence that can be endorsed with the appropriate number of penalty points. A foreign driving licence cannot be endorsed and therefore does not meet the criteria specified by the fixed penalty procedure.
In such circumstances, the option to deal with the offence by way of fixed penalty will be withdrawn and prosecution will proceed by way of a summons at the local court. The court will be advised that had you been able to, you would have complied with the conditions of the fixed penalty. It is also requested that the court takes this into consideration when setting the fine.
Drivers who are unable to comply for this reason are not being penalised, they are merely being dealt with through an alternative procedure. |
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