Section 20 RTOA 1988

[chimy]

I am requested to entertain the welsh courts in the very near future based on a Police statement accusing me of speeding in a TVR (love the car). The Police statement references Section 20 of the Road Traffic Offenders Act 1988. Which says

Admissibility of measurement of speed by radar.

20. On the prosecution of a person for any speeding offence, evidence of the measurement of any speed by a device designed or adapted for measuring by radar the speed of motor vehicles shall not be admissible unless the device is of a type approved by the Secretary of State.

But i was measured by LASER

Has there been a change somewhere to allow for LASER with in the RTOA 1988 and if there has should that not have been referenced in the Police statement.

I am sure this has been asked before (i have seached the forum)as it is so obvious however......

[elwe]

As far as I am aware the only technical difference between radar speed traps and laser speed traps is the wavelength of electromagnetic radiation used. I wouldn't be suprised if laser speed traps are deamed to be a type of radar speed trap because of this.

[Dwight VanDriver]

What you are stating Chimmy was that contained in Section 20 Road Traffic Offenders Act 1988.

Since then that section was amended by Section 23 Road Traffic Act 1991 changing the word radar (S20) to a prescribed device i.e one of a description specified in Order by Sec of State and given Type Approval. This is now all encompassing.

dvd

[SS2.]

Section 20 RTOA 1988 was amended by Section 23 RTA 1991 - www.opsi.gov.uk/acts/acts1991/Ukpga_19910040_en_2.htm#mdiv23

The amendment ensures that evidence is permissible from any device which has approval by the Secretary of State. This includes the infamous LTI 20-20 dodgyscope...

edit - beaten to it !! That'll teach me to take a phone call half way through responding to a post...

>> Edited by SS2. on Monday 16th January 14:23

[chimy]

thank you for that i thought it was 2 easy. You would have thought though it should say on the police statement Setion 20 of the RTOA 1988 and amended by Road Traffic Act 1991. I am now digesting Section 23 which seems to also talk about a record produced by the prescribed device.