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NICKED FOR SPEEDING? MAYBE
NOT...
The rules police must follow when
nicking you for speeding are complex and thorough. Our guide to them will equip
you to make the most of your rights should that summons come.
This article was put together by Steve Farrell for Motorcycle News with
the aid of Chris Taylor, of Cephos Electronic Circuits Limited. He has worked
closely with manufacturers of speed detection devices used by the police.
TO GET AN ACCURATE SPEED CHECK, YOUR BIKE MUST BE THE ONLY VEHICLE IN THE FIELD
OF VIEW:
The Association of Chief Police Officers (ACPO) has its own manual on speeding
procedures. It states "Radar speed meters are designed to measure the speed of
one vehicle at a time. Should there be more than one vehicle present in the
radar field of view, it is possible for the device to detect two different
signals and alternately display different speeds, in which case the check must
be aborted."
That means that if there’s another vehicle around, the speed on the radar may
be the speed of that vehicle and not your bike, and the evidence should be
scrapped even if the vehicle was a long way behind you.
"It is quite possible for the signal from a large vehicle some distance behind
a smaller vehicle to override the signal from the nearer vehicle," says the
manual.
The guidelines warn that "An operator must not measure and make detections for
prosecution when more than one vehicle is within the radar detection range."
The same rules apply to unmanned speed cameras, including GATSOS. With
reference to the photographic evidence these devices rely on, the guide says:
"Where there is a suggestion in the negative that two or more vehicles are or
may be in the measurement field, the reading should be disregarded."
THE SPEED CHECK MUST BE DONE IN LINE WITH YOUR BIKE’S PATH:
This applies to both handheld radars and lasers. It means that the speed check
must be done from a position directly in front of your bike, on a straight
stretch of road. If it’s not, the reading will be inaccurate and should be
scrapped.
THERE MUST BE NO LARGE ROAD SIGNS, HOARDINGS, PILLAR BOXES, BUS STOPS OR OTHER
LARGE STATIONARY OBJECTS IN THE AREA:
According to the manual, objects such as these can reflect and scatter the
signal from a handheld radar, making accurate speed measurement impossible. "It
is therefore an important requirement to check a site before starting
measurements," it says. "The operator should always select a site with a clear
view of the oncoming traffic which is free of any large objects such as bus
shelters, large road signs and metal fences or crash barriers which are close
to the radar. To avoid multiple reflections, the radar must not be operated
under or through bridges or railway arches," it continues.
It goes on to say: "Police radio transmitters, whether handheld or car mounted,
must not be used at the moment a vehicle speed is being measured." The site
must also be away from high voltage overhead lines, transmitting masts or
towers, airports or harbours, or places where high power radio transmitters may
be expected.
HANDHELD RADARS MUST BE AIMED AT YOUR BIKE FOR A MINIMUM OF THREE SECONDS FOR A
VALID CHECK, WITHIN A DISTANCE OF 200 METRES:
Once a reading has appeared on the display, the radar device should be held
steady, pointing along the road for a duration of not less than three seconds.
During this period a steady reading must be obtained which equates to the
observations of the operator.
OFFICERS USING HANDHELD DEVICES SHOULD BE CLEARLY VISIBLE AND SHOULD STAND AT
THE SIDE OF THE ROAD, NOT ON THE CENTRAL RESERVATION: This
applies to both laser and radar equipment. "Handheld radar speedometers should
only be operated by an officer on foot," says the manual, before later stating
that "operators of devices should normally do so from positions where they will
be clearly visible to the public.
The above article was published by
Motorcycle News on
29th.October 2001. Our thanks go to MCN for their kind permission to
reproduce it here...
N.B. Please read and note the disclaimer
on the Legal Advice Index page.
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