Lawyers prove speed camera "wildly inaccurate"

13/06/2016 |

A law firm has blogged about how it's overturned an accusation that a driver was travelling at 85 mph in a 30 limit, by proving he was actually doing less than 30.

BB Law says it was asked to act for a Mr Baird in March, who was being prosecuted by Staffordshire Police for an alleged speeding offence.

The prosecution was based on evidence from a Gatso speed camera located on the A5011 Linley Road in Talke, Stoke-on-Trent.

This speed camera had recorded the client's van to have been travelling at 85mph in a 30mph speed limit in December 2015.  But, the firm says, its client knew this was wrong and he asked the police to check their evidence but the police dismissed his concerns and subsequently summoned him to Stafford and then Newcastle-under-Lyme Magistrates' courts.

"The difficulty our client faced was that Gatso speed cameras (like all speed cameras used by police in England and Wales) are 'Home Office approved devices', which means the courts and the prosecution will religiously follow a presumption that the approved device has accurately recorded the speed of the target vehicle," the blog post explains, "this presumption of reliability can present a major hurdle for drivers who feel they may have been wrongly accused of exceeding a speed limit.

"Our client had spoken to numerous solicitors before contacting specialist motoring solicitors, BB Law.  Most solicitors he contacted had told him the accuracy of Gatso cameras could not be challenged, fortunately we were able to offer a more positive approach.

"Once instructed, BB Law quickly set about proving that despite its 'home office approval', this speed camera could not be relied upon to accurately calculate vehicle speeds.  Within a matter of weeks we had obtained the necessary evidence to enable us to prove that our client's van was actually travelling at a maximum of 29.08mph. We proved this 100% categorically, there were no ifs or buts, our client was definitely NOT speeding and he was definitely NOT driving at 85mph!"

The post continues by explaining how the police accepted that the calculation of the van's speed was correct and they dropped the case.  "This was a huge relief for our client who had spent the last 3 months of his life worrying about the prospect of losing his licence for a substantial period and possibly even facing a Dangerous Driving charge due to the extremely high level of excess speed in a 30mph limit," it explains.

Mr Baird received a payment to cover his legal fees.

"So how does a home office approved speed camera manage to over-calculate the speed of a vehicle by a whopping 55mph?" asks the blogger.  "Good question.  We don't know, the police don't know (or at least they aren't telling us if they do) and there is currently no word from the camera manufacturer.

"If the police and the camera manufacturer don't know what caused this error then there is no way of knowing whether the problem affects other Gatso speed cameras.  It is also reasonable to conclude that this isn't the first and only time that this speed camera has mis-calculated the speed of a vehicle.  We wonder how many drivers have been fined and had their licences endorsed with penalty points as a result of evidence produced by this camera.  Some may even have received a disqualification from driving."

Picture, BB Law blog, showing the 85 MPH in the top right hand corner.

Highways InProfile

latest magazine issue
Highways jobs

Highways Inspector/NRSWA

£36,345 - £40,344
We are looking for an organised and self-motivated individual to join our Streetworks Team based in Hackney Central. Hackney, London (Greater)
Recruiter: London Borough of Hackney Council

Structures Commissioner

Grade 14 £53,166 - £59,080 per annum (Pay Award Pending)
We are seeking an experienced and strategic leader to join our team as the Structures Commissioner. Derbyshire
Recruiter: Derbyshire County Council

Team Leader Network Co-ordination

£51,429 - £58,140
As Team Leader for Network Coordination, you’ll manage a team that oversees all works and events on our public highways. Kensington and Chelsea, London (Greater)
Recruiter: The Royal Borough of Kensington & Chelsea Council

PRINCIPAL TRANSPORT PLANNING OFFICER

£43693 - £46731
We have an exciting opportunity for an experienced professional to join our team in Hull as a Principal Transport Planning Officer. Kingston upon Hull, East Riding of Yorkshire
Recruiter: Hull City Council

HIGHWAYS AND TRAFFIC ENGINEER - 4 POSTS

£43693 - £46731
We have several exciting opportunities for suitably qualified Highways Civil Engineers and Traffic Engineers Wilson Centre, 1st floor, Hull HU1 2AG
Recruiter: Hull City Council

Principal Transport Planner

£45,718 to £49,764
Do you have considerable experience in the transport strategy and policy, and are you looking for your next career development opportunity? Sheffield, South Yorkshire
Recruiter: Sheffield City Council

Structures Delivery Manager

Grade 13 £47,653 - £51,296 per annum (pay award pending)
We’re looking for an experienced and motivated Structures Delivery Manager to lead the delivery of structural asset investment Derbyshire
Recruiter: Derbyshire County Council

Head of Highway Operations

Grade 15 £61,048 - £66,960 per annum (Pay award pending)
Here at Derbyshire County Council, we have been on a journey to transform the way we deliver highway services Derbyshire
Recruiter: Derbyshire County Council

Project Lead - Bridges and Structures WMF3037e

£45,718 to £46,731
We are currently seeking to recruit a Project Lead to join our Bridges and Structures team Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Traffic Management Technician - WMF3040e

£27,711 - £28,624
Are you an organised and motivated individual who wants to make a difference to how our roads are managed? Cumbria / Various
Recruiter: Westmorland and Furness Council

Traffic Management Officer - WMF2114e

£37,035 - £37,938
Are you an experienced and motivated professional looking to take the next step in your traffic management career? Cumbria / Various
Recruiter: Westmorland and Furness Council

Project Delivery Senior Team Leader

£74,480 - £85,964
Are you an experienced Chartered Civil Engineer (or equivalent professional qualification) Glasgow City
Recruiter: Transport Scotland

Assistant Traffic Management Technician - WMF2104e

£25,584 - £25,992
Westmorland and Furness Council is seeking an organised and enthusiastic individual to join our South Lakeland team Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Project Delivery Team Leader

£57,710 - £71,842
Are you an experienced Chartered Civil Engineer (or equivalent professional qualification). Glasgow City
Recruiter: Transport Scotland

Traffic Management Officer - WMF2102e

£37,035 - £37,938
This is a key role supporting the delivery a wide range of traffic and road safety schemes. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Traffic Management Officer - WMF2102e

£37,035 - £37,938
This is a key role supporting the delivery a wide range of traffic and road safety schemes. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Assistant Traffic Management Technician - WMF2104e

£25,584 - £25,992
This is a key support role, helping to deliver a wide range of traffic and road safety schemes across South Lakeland. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Flood Risk Engineering and Strategy Officer

£49,764 - £55,623
In line with our One Coventry Values, we want to ensure that our communities are represented across our workforce Coventry, West Midlands
Recruiter: Coventry City Council

Engineer

£44,430 - £51,663
This post is within the Highways Design and Delivery Team. London (Greater)
Recruiter: Tower Hamlets London Borough Council

Head of Highways Operations

Salary
Somerset Council
Recruiter: Somerset Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW