Camera Tickets Tested
Court to rule today on confusion over signing forms
Safespeed brings us news today of a court case that has the potential to throw the speed camera system into disarray. The case concerns an unsigned "Section 172" form, where an apparent loophole in the law requires a driver to return "information" about a motoring offence, but the law does not appear to require the form to be signed.
If the form is not signed other legislation suggests that it cannot be used in evidence. Thousands of drivers have already escaped conviction for motoring offences, by returning forms unsigned. It's thought that many thousands more unsigned forms are currently in the system awaiting processing.
The man at the centre of the case, Idris Francis said: "I am appealing this matter in the interests of road safety and the law, and on behalf of responsible motorists. It is unacceptable that the law is in disarray on the matter. I abhor the way that long established legal principles including the right to silence and the presumption of innocence have been eroded to enable speed cameras to be widely installed. My investigations into the overall effects of speed cameras confirm that they have been very bad indeed for UK road safety. "
The appeal follows a case in Aldershot on the 28th August last year where magistrates convicted Mr Francis of "failing to provide information" under S172.
The case is to be heard at 10am this morning.
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SgtRoc said:
don'y hold your breath m8 they will find a way out of it
Not sure they will. I suspect it will require legislation to deal with this - essentially making speed camera detected offences an exception to the right to silence rules...
Doubt they'll get that through this parliament - but I'm sure it will be done in the end. Gloomy, me?
>> Edited by Don on Tuesday 16th March 10:12
Then an average jo tries to use the point of law argument and it's thrown out. Anyone would thinks it's just about money!.
Hang on, arrrgh!. I'll get my coat!
mg_dot said:
I was once sent a speeding ticket in Germany, for speeding in Belgium. I knew on that occasion a Dutch guy had been driving my (German registered) car, so I filled out the form with his details. He got a letter in Holland and replied that he couldn't recall who was driving at that time. We never did hear from them again.
I got a speeding ticket sent to my UK address also for speeding in Belgium. I put my hands up and admitted it, filled out the form with all the correct details and sent it to them and never heard another word about it! I don't think they're too hot on it here... long may it continue
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