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UK and Europe
Published
4 November 2005
Last activity
9 November 2005
Original author
Just zis Guy, you know?
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41
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  1. Just zis Guy said:

    On Sat, 5 Nov 2005 09:35:13 +0000 (UTC), "vernon" <[email hidden]>
    said in <[email hidden]>:

    Quoted message said:

    In one
    instance a batch of policment got off speeding charges because a
    helpful colleague pointed out the loophole to them.

    If that's the case I'm thinking of, what actually happened was that
    the speed limit was signed correctly, but the magistrate let them off
    because there was no black border on the sign warning of enforcement
    cameras. Quite why the magistrate thought that speeding was somehow
    not illegal if there was a minor clerical error in the warning to
    criminals about enforcement is beyond me.

    Because the LAW defines the correct legally enforceable signage - and for
    very good reasons the courts should not simply set aside the law just to
    convict someone they know is guilty.

    pk

  2. On Sat, 5 Nov 2005 13:02:50 +0000 (UTC), "p.k."
    <[email hidden]> said in
    <[email hidden]>:

    Quoted message said:
    Quoted message said:

    If that's the case I'm thinking of, what actually happened was that
    the speed limit was signed correctly, but the magistrate let them off
    because there was no black border on the sign warning of enforcement
    cameras. Quite why the magistrate thought that speeding was somehow
    not illegal if there was a minor clerical error in the warning to
    criminals about enforcement is beyond me.

    Quoted message said:

    Because the LAW defines the correct legally enforceable signage - and for
    very good reasons the courts should not simply set aside the law just to
    convict someone they know is guilty.

    No, the LAW allows for cameras to be completely concealed, and for
    completely unsigned enforcement (e.g. plod on bridges). A regulation
    with the force of law regulates the layout of informational signs (and
    that also applies to things like holiday routes, diversions and event
    signage) to prevent confusion. As I understand it no sign is
    _required_ for enforcement activity to be permitted, that is just a
    policy.

    Guy
    --
    http://www.chapmancentral.co.uk

    "To every complex problem there is a solution which is
    simple, neat and wrong" - HL Mencken

  3. Just zis Guy said:


    So, if the signs in a town about the CCTV cameras are the wrong
    colour, it's fine for rapists to be let off, yes?

    No, because the sign is not required for their legality. It has yet to
    be challenged though whether such footage is legal under Article 8 of
    the HRA.

    Quoted message said:

    There is no suggestion that the evidence-collection device was faulty.
    Or that they were unaware of both the speed limit and the presence of
    the camera.

    It of itself was not faulty but it did not comply with the law because
    the sign was incorrect and a correct sign was required by law. The law
    is precise on these matters and the fault is with whoever installed the
    sign incompetently. Its not as if the sign requirements are not clearly
    defined.

    On the other hand I assume you are happy for people to have those fancy
    confusing number plates that are difficult to read on speed cameras
    because after all its only a different font and a few extra lines on them

    --
    Tony

    "The best way I know of to win an argument is to start by being in the
    right."
    - Lord Hailsham

  4. David Hansen <[email hidden]>typed

    Quoted message said:

    That's ridiculous. I bought my own hardware and plugged it in and
    programmed it several days before the stated date for the line being
    converted. Full marks to British Telecom locally, a couple of days
    before the stated date I noticed the appropriate light was lit on
    the router. That was it.

    Maybe my system was more complex, maybe you are technically more
    competent than I. I wasn't too fussed about things taking a while to get
    sorted, though my partner was. He was even *more* upset when I got the
    system to work on my computer when he had failed!

    The BT disc would not run at all on my David's laptop PC[1] but he got
    the wireless link to work anyway.
    The BT disc did install on David's PowerMac G5 and he managed to get
    things working there for him.
    The BT disc installed on my comupter but no network/router was detected.

    Things eventually settled after I had uninstalled all the BT software
    and reinstalled it while connected up.

    I don't really like the BT Yahoo browser thing, which I use as
    infrequently as possible.

    [1] Toshiba Satellite purchased within the past year.

    --
    Helen D. Vecht: [email hidden]
    Edgware.

  5. Quoted message said:

    So, if the signs in a town about the CCTV cameras are the wrong
    colour, it's fine for rapists to be let off, yes?


    Not the same thing. There's statutary regulations for the construction,
    dimensions and siting of road signs.
    To the best of my knowledge, similar regulations do not exist for CCTV
    cameras.

    Quoted message said:

    There is no suggestion that the evidence-collection device was faulty.
    Or that they were unaware of both the speed limit and the presence of
    the camera.


    Nevertheless, a strict set of protocols exist for the prosecution of
    offenders and if they are not followed exactly then a prosecution can be
    challenged, often sucessfully.

  6. On Sat, 05 Nov 2005 13:25:45 +0000, Tony Raven <[email hidden]>
    said in <[email hidden]>:

    Quoted message said:
    Quoted message said:

    So, if the signs in a town about the CCTV cameras are the wrong
    colour, it's fine for rapists to be let off, yes?

    Quoted message said:

    No, because the sign is not required for their legality. It has yet to
    be challenged though whether such footage is legal under Article 8 of
    the HRA.

    I don't believe the sign is required for automated speed enforcement
    to be legal either. Otherwise it would not be lawful for plod to
    mount mobile enforcement.

    Guy
    --
    http://www.chapmancentral.co.uk

    "To every complex problem there is a solution which is
    simple, neat and wrong" - HL Mencken

  7. "Just zis Guy, you know?" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    Once again from the PSF:

    http://www.timesonline.co.uk/article/0,,2-1858368,00.html
    "March of speed cameras halted
    By Ben Webster, Transport Correspondent
    <snip><snip>

    +
    I had the misfortune to have my little Suzuki Swift trashed on 28 Oct by a
    SMIDSY driver of a motorhome which ripped of the off side of my car ( I was
    stationary and I was sitting in it watching it about to happen). That is
    just to lead into my point. I was given a courtesy car a VW 4 door thingy
    and drove off to my destination -- another 100 miles.
    But I found it v v difficult to adjust my speed in the new car. I am sure
    most of us are aware of general "speed" when driving our cars without
    directly looking at the speedometer. I hit lots of "too fast" flashes on my
    journey that night adjusted downhill when I saw them.

    However yesterday in my home local area I drove through a speed camera, of
    which I am well aware, and I don't know whether it flashed or not but I
    suspect that instead of doing 30 mph I was doing 40 mph - ish! It is all
    tied in with listening to engine rev and noise in the car.

    So if I get a notification of an offence I shall protest my innocence -- I
    shall certainly not pay the fine but opt to have a court appearance and I
    would expect to have to plea guilty but be able to enter a plea of
    mitigation.

    The area was totally free off traffic at the time but the speed cameras
    don't take account of that.

    To be honest, as a daily cyclist ( At 68 I cycle about 5,000 miles every
    year) I am quite in favour of various traffic calming schemes but any awful
    lot of them are heavily weighted against the cyclist. I find I cycle more
    positively -- i.e. aggressively month by month).

    So what to do about speed cameras? I do think the flashing "too fast" seems
    to be effective with most motorist (including me) at the moment. But how
    long will it be effective?

    A final aside. I was cycling on my morning shopping trip when a van overtook
    me on a straight road and turned directly across my front with about 6' to
    spare -- I had to stop quite quickly!. As he stopped I remonstrated with
    him gently (!!!) and he got upset ---- "I indicated" -- I suggested
    gently(!!!) that I hadn't got eyes in the back of my head and that if he had
    taken about 2 more seconds he could have turned in behind me. I was "gently"
    showered with verbal abuse!

    Ah well. I have his number and I have report the happening to the police (
    who were not interested -- of course) but if by chance He does it again ( he
    is a local driver) I will report him again! Perhaps, eventually, the police
    might start taking proper measures to control the metal box clad "blind
    motorist

    --
    Trevor A Panther
    In South Yorkshire,
    England, United Kingdom.
    Remove PSANTISPAM to reply

  8. On 5 Nov,

    Just zis Guy said:

    On Sat, 05 Nov 2005 13:25:45 +0000, Tony Raven <[email hidden]>
    said in <[email hidden]>:

    Quoted message said:
    Quoted message said:

    So, if the signs in a town about the CCTV cameras are the wrong
    colour, it's fine for rapists to be let off, yes?

    Quoted message said:

    No, because the sign is not required for their legality. It has yet to
    be challenged though whether such footage is legal under Article 8 of
    the HRA.

    I don't believe the sign is required for automated speed enforcement
    to be legal either. Otherwise it would not be lawful for plod to
    mount mobile enforcement.

    Signs are only required if the local authority/plod are in the 'netting off
    scheme', where part of the proceeds of the fines goes to the local speed
    camera organisation. If not, then no signs are required, and the proceeds go
    straight to the govt.

    --
    BD
    Change lycos to yahoo to reply

  9. On Sat, 05 Nov 2005 14:10:26 GMT, "Pinky"
    <[email hidden]> said in
    <[email hidden]>:

    Quoted message said:

    So if I get a notification of an offence I shall protest my innocence -- I
    shall certainly not pay the fine but opt to have a court appearance and I
    would expect to have to plea guilty but be able to enter a plea of
    mitigation.

    And the court will quite legitimately ask: being aware of this fact,
    what steps did you take to ensure that you kept your speed within the
    limit? Was the vehicle fitted with a working speedometer?

    Guy
    --
    http://www.chapmancentral.co.uk

    "To every complex problem there is a solution which is
    simple, neat and wrong" - HL Mencken

  10. Just zis Guy said:

    On Sat, 05 Nov 2005 13:25:45 +0000, Tony Raven <[email hidden]>
    said in <[email hidden]>:

    Quoted message said:
    Quoted message said:

    So, if the signs in a town about the CCTV cameras are the wrong
    colour, it's fine for rapists to be let off, yes?

    Quoted message said:

    No, because the sign is not required for their legality. It has yet
    to be challenged though whether such footage is legal under Article
    8 of the HRA.

    I don't believe the sign is required for automated speed enforcement
    to be legal either. Otherwise it would not be lawful for plod to
    mount mobile enforcement.

    IIRC (sorry, no citation, can't think of good terms to search for), if a
    site is used more than a fixed (and not very high) threshold of times in a
    given period, it *is* required that there's a camera sign put up. Ditto the
    Police Speed Check area signs on motorways don't say there's cameras, just
    that there are regular patrols.

    --
    Ambrose

  11. Just zis Guy said:

    On Sat, 05 Nov 2005 14:10:26 GMT, "Pinky"
    <[email hidden]> said in
    <[email hidden]>:

    Quoted message said:

    So if I get a notification of an offence I shall protest my
    innocence -- I shall certainly not pay the fine but opt to have a
    court appearance and I would expect to have to plea guilty but be
    able to enter a plea of mitigation.

    And the court will quite legitimately ask: being aware of this fact,
    what steps did you take to ensure that you kept your speed within the
    limit? Was the vehicle fitted with a working speedometer?

    Interestingly enough, I was chatting with the bloke who put a new axle stub
    back on my car when the (remaining) wheel nuts sheared, and he said it was a
    good job that it didn't happen on the motorway. I said I'd hit something
    (later turned out to be a clod of earth, given the lumps stuck to the side
    of the car) just before the incident at 70mph (which actually *was* me lying
    slightly, as I think I was doing an indicated 75), and he said that you
    never know, and if you're not concentrating, you can find yourself doing
    100mph without noticing.

    The interesting thing about that is that he claimed that you'd be
    accidentally driving at 100mph rather than deliberately, so even the boy
    racer types have some guilty feelings about speeding nowadays. At least
    enough not to endorse it in front of their clients. (Even if they're happy
    to avoid VAT in front of their clients. [censored].)
    --
    Ambrose

  12. Urban myth (I hope) currently doing the rounds as "fact" with the local
    taxi drivers; a FOF got done for speeding at 35 in a 30 zone and was let
    of by the beak because "everyone knows that ACPO guidelines disregard
    any speed under 36".

    I spend too much of my time trying to change cabbie's views of speed
    cameras.

  13. On Sat, 5 Nov 2005 13:26:45 GMT someone who may be Helen Deborah
    Vecht <[email hidden]> wrote this:-

    Quoted message said:

    Maybe my system was more complex, maybe you are technically more
    competent than I.

    I have done this sort of thing before, using ordinary modems, cable
    modems and ISDN, as well as ADSL, so I'm more familiar than most
    people.

    Quoted message said:

    I wasn't too fussed about things taking a while to get
    sorted, though my partner was. He was even *more* upset when I got the
    system to work on my computer when he had failed!

    Male pride, particularly regarding being able to master gadgets, is
    often rather pathetic.

    Quoted message said:

    The BT disc would not run at all on my David's laptop PC[1] but he got
    the wireless link to work anyway.

    I hate "easy to use", "friendly", "don't worry your pretty little
    head about it", software. It fails to perform as claimed far too
    often for my liking. It is often best left in the plastic coffin it
    comes in.

    --
    David Hansen, Edinburgh | PGP email preferred-key number F566DA0E
    I will always explain revoked keys, unless the UK government
    prevents me by using the RIP Act 2000.

  14. vernon said:
    Quoted message said:
    Quoted message said:

    Appalled by the person who claimed that because a 40 mph speed
    limit sign 'didn't exist' because it had a flourescent yellow
    border.

    I'd be surprised if that worked. Legally the speed limit applies
    to the road irrespective of any signs. In law the signs are there
    only for the purposes of informing motorists there is a speed limit
    on the road at that point.


    I've seen newspaper reports of people getting of moving traffic
    offenses because the signage does not meet the standard
    specifications.

    I heard of a case some time ago where a motorist of the creative
    variety was caught speeding. He proceeded to locate a sign indicating
    a higher speed limit, took it off its post, and replaced the sign near
    the place he'd been caught. He might have gotten away with it, had it
    not been for the speed limit sign found in the boot of his car.

    --
    Måns Rullgård
    [email hidden]

  15. David Hansen <[email hidden]>typed

    Quoted message said:

    I hate "easy to use", "friendly", "don't worry your pretty little
    head about it", software. It fails to perform as claimed far too
    often for my liking. It is often best left in the plastic coffin it
    comes in.

    Indeed, but I felt I should follow the instructions.

    The fact the BT CD would not run *at all* on David's laptop riled me.
    The configfree program on it saw him to rights; delightful *not* to have
    those silly BT Yahoo things too!

    --
    Helen D. Vecht: [email hidden]
    Edgware.

  16. Helen Deborah Vecht said:


    I don't really like the BT Yahoo browser thing, which I use as
    infrequently as possible.

    Take it out then. It isn't required to use the BT Broadband / BT-Yahoo
    broadband services, save for perhaps a few Yahoo specific tricks.

    See BT-Yahoo help pages, these being perhaps the most relevant:
    http://help.yahoo.com/help/uk/bt/nb/browser/browser-35.html
    and
    http://help.yahoo.com/help/uk/bt/nb/browser/browser-36.html

    If uncertain, run Firefox for a bit to be comfortable, and then remove the
    BT-Yahoo bits.

    - Nigel

    --
    Nigel Cliffe,
    Webmaster at http://www.2mm.org.uk/

  17. "Nigel Cliffe" <[email hidden]>typed

    Quoted message said:

    Helen Deborah Vecht wrote:

    Quoted message said:
    Quoted message said:


    I don't really like the BT Yahoo browser thing, which I use as
    infrequently as possible.

    Quoted message said:

    Take it out then. It isn't required to use the BT Broadband / BT-Yahoo
    broadband services, save for perhaps a few Yahoo specific tricks.

    Quite. That's why I have not uninstalled it.

    Quoted message said:

    See BT-Yahoo help pages, these being perhaps the most relevant:
    http://help.yahoo.com/help/uk/bt/nb/browser/browser-35.html
    and
    http://help.yahoo.com/help/uk/bt/nb/browser/browser-36.html

    Thanks.

    Quoted message said:

    If uncertain, run Firefox for a bit to be comfortable, and then remove the
    BT-Yahoo bits.

    I've not yet got Firefox.

    --
    Helen D. Vecht: [email hidden]
    Edgware.

  18. Helen Deborah Vecht said:


    I've not yet got Firefox.

    Try it - you won't be disappointed

    --
    Tony

    "The best way I know of to win an argument is to start by being in the
    right."
    - Lord Hailsham

  19. p.k. said:

    Above is for me the key point - the objective is not fining motorists for
    breaking the law, it is safer roads.

    I certainly find that the radar controlled flashing speed limit reminders
    very effective - there is one for the 20mph limit in Hampton that certainly
    seem to slow traffic.

    I find that one fairly ineffective. When the traffic is flowing freely
    along there most cars ignore the flashing sign and the 20mph limit
    completely.

    --
    Dave...

  20. Just zis Guy said:


    No, the LAW allows for cameras to be completely concealed, and for
    completely unsigned enforcement (e.g. plod on bridges). A regulation
    with the force of law regulates the layout of informational signs (and
    that also applies to things like holiday routes, diversions and event
    signage) to prevent confusion. As I understand it no sign is
    _required_ for enforcement activity to be permitted, that is just a
    policy.

    Guy
    --

    That's what I understood too. The 'guidelines' apply to the use of
    cameras by Safety Camera Partnerships who are allowed to keep the fines
    in order to fund the partnership. The police are perfectly entitled to
    enforce the speed limit where they like, using 'hidden' cameras if they
    please but if they do the fine revenue goes straight to the treasury.

    BD is of the same mind too I see...

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