Possible 'Interference' defence against VASCAR prosecution
Discussion
I came across the following document: The ACPO Code of Practice for Operational Use of Road Policing Enforcement Technology (click)
Page 89 of this document is a table which states the minimum distance that the VASCAR system should be from Tetra Handsets and GSM mobile phones to avoid interference.
"This table shows the shortest distance tested in each category where no interference was detected. Whilst devices may operate without interference at shorter distances, these distances should be regarded as the minimum safe operating distances."
What are you opinions on trying to find out how far the officers phone/tetra system was from the VASCAR system and then attempting to defend a prosecution on the basis that interference with the machine was a possibility?
Page 89 of this document is a table which states the minimum distance that the VASCAR system should be from Tetra Handsets and GSM mobile phones to avoid interference.
"This table shows the shortest distance tested in each category where no interference was detected. Whilst devices may operate without interference at shorter distances, these distances should be regarded as the minimum safe operating distances."
What are you opinions on trying to find out how far the officers phone/tetra system was from the VASCAR system and then attempting to defend a prosecution on the basis that interference with the machine was a possibility?
I have also come across this:
http://www.devon-cornwall.police.uk/v3/showpdf.cfm...
See point 5.4 (on page 7) which also says:
[i]There is a potential risk of interference to Traffic Law Enforcement Devices
(TLED) such as VASCAR from Airwave Radios and GSM phones. Officers should
NOT operate a TLED from within a vehicle in the presence of a GSM phone or
Airwave radio that is switched on, unless a 'Transmit Inhibit' system has been
enabled. Failure to do so may compromise the integrity of any relevant
prosecutions.[/i]
http://www.devon-cornwall.police.uk/v3/showpdf.cfm...
See point 5.4 (on page 7) which also says:
[i]There is a potential risk of interference to Traffic Law Enforcement Devices
(TLED) such as VASCAR from Airwave Radios and GSM phones. Officers should
NOT operate a TLED from within a vehicle in the presence of a GSM phone or
Airwave radio that is switched on, unless a 'Transmit Inhibit' system has been
enabled. Failure to do so may compromise the integrity of any relevant
prosecutions.[/i]
mrmr96 said:
I came across the following document: The ACPO Code of Practice for Operational Use of Road Policing Enforcement Technology (click)
Page 89 of this document is a table which states the minimum distance that the VASCAR system should be from Tetra Handsets and GSM mobile phones to avoid interference.
"This table shows the shortest distance tested in each category where no interference was detected. Whilst devices may operate without interference at shorter distances, these distances should be regarded as the minimum safe operating distances."
What are you opinions on trying to find out how far the officers phone/tetra system was from the VASCAR system and then attempting to defend a prosecution on the basis that interference with the machine was a possibility?
The operative words in the docuemt are "may" and "should" - these create no mandate. Further, the opinion of the police officer would carry weight. I doubt a defence would succeed (IANAL) - StreakyPage 89 of this document is a table which states the minimum distance that the VASCAR system should be from Tetra Handsets and GSM mobile phones to avoid interference.
"This table shows the shortest distance tested in each category where no interference was detected. Whilst devices may operate without interference at shorter distances, these distances should be regarded as the minimum safe operating distances."
What are you opinions on trying to find out how far the officers phone/tetra system was from the VASCAR system and then attempting to defend a prosecution on the basis that interference with the machine was a possibility?
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