A speeding fine can be considered invalid and unenforceable if the operator is unlicenced, the car was too far away from the camera, or where the camera is not installed correctly.
You may have been pulled over before and were sure of it that you weren’t breaking the speed restrictions, in which case there are multiple safeguards and regulations in place in the National Road Traffic Act to ensure that you are prosecuted fairly and that the equipment and operator adhered to the law, according to legal services firm Conlon Law.
If these principles and rules aren’t followed, the fine could be declared invalid.
Equipment
All the various devices used by traffic officials to enforce the law, including speed-measuring, distance-measuring, and time interval-measuring equipment, must be calibrated at least once every 12 months by an accredited laboratory.
“In the event that the twelve-month calibration period has expired, the equipment must be calibrated before it may be used for prosecution purposes,” said Conlon Law.
For a motorist to determine whether the cameras are fit for duty, they may request to see a calibration certificate which must accompany the equipment at all times.
“This certificate will take the form of a document with the serial number of the device, the date of the calibration, and the accredited laboratory’s details,” said the firm.
“This information is also found on the actual device itself, often in the form of a sticker, which is attached to the hand-held speeding camera, which indicates the corresponding serial number, date of calibration, and in some cases the date of the next calibration.”
If the serial number on the calibration sticker or camera itself does not correspond with the number on the certificate, or if the date of the last calibration is more than twelve months prior to the date of the incident, the speeding fine may be declared invalid.
Operator
The traffic official that is actively using the speed-measuring equipment (SME) must have attended and passed a course on speed measurement and, if applicable, traffic light monitoring, as well as be in possession of a certificate that proves so, for a fine to be enforceable.
“In the event of being stopped, a driver may request a copy of the operator’s certificate in order to determine whether the operator of the speeding camera has the necessary qualifications to operate the device,” said Conlon.
“Should the operator not have a certificate or licence, the fine may be declared invalid.”
It’s also important to remember that the operator who recorded the infringement must be the one in possession of the correct paperwork.
“It often occurs where one traffic officer may be in possession of the operator’s certificate or licence, while the other takes the necessary readings,” said the company.
“In the event that the operator of the speeding camera does not have an operator’s certificate with him, the fine may be declared invalid.”
Requesting to see the certificate or licence forms part of your legal rights in terms of the National Road Traffic Act and the officers may not withhold any calibration or operator certificates from you, said the law firm.
Distance
The distance from where a speed measurement was taken in relation to the commencement of a speed limit zone affects the validity of an infringement.
When driving past a camera, the operator may only start trapping further than 300m away from a speed limit sign, which indicates a change in speed zones, to give the motorist enough time to react.
However, the reading may not be taken further than 500 metres away from the signage.
“This distance is displayed on the speeding camera itself, and as a result, should the measurement be more than 500 meters away, no prosecution may be instituted in respect of that measurement,” said Conlon.
Finally, the officer must have a clear and uninterrupted view of the vehicle for the duration of the measurement.
“This means that where vehicles are overtaking each other and a measurement is taken during the changeover, the fine may be declared invalid,” said the company.
Fixed cameras
Where fixed cameras are installed, the photograph of the infringement must record the following details for the fine to be prosecutable:
- Date of offence
- Time of offence
- Location code
- Speed measured
- No obstructions apparent
- Where sensor lines are installed, a view of the whole width of the traffic lane covered by the sensor lines
- At least two photographs indicating the position of the vehicle of the offender, with a clear image of the number plate
In addition, if no image accompanies a fine when presented to the alleged offender or licenced owner of the vehicle, a copy of the relevant photograph must be supplied free of charge upon request, said Conlon.
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