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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-03-14
Whilst driving, many motorists obey traffic rules and keep within the speed limit. However even the most disciplined of drivers can find themselves in a situation where they have driven beyond the speed limit of a demarcated area. That sinking feeling usually associated with the sight of a traffic officer flagging you down for speeding, and usually at the most inopportune moment when you are in a hurry to get to your destination (not surprising is very often the reason you were speeding in the first place), is a phenomenon that we can all relate to.

It may be useful to know what your rights are in relation to speed trap cameras. Courtesy of the Automobile Association (AA), here are some useful tips to remember the next time you have that "sinking feeling". Any hand held speed trap cameras can only be operated provided the traffic officer has a valid calibration certificate as well as a operators certificate. The driver must also be allowed the opportunity to view the speed-reading and certificates referred to above.

The Speed Measurement Equipment (SME) must always be mounted on a firm and stable surface and if mounted in / on a vehicle, the vehicle must be stabilised.

When selecting a site for use of laser equipment, the operator must have a clear and uninterrupted view of the road and the vehicle measured for the duration of the measurement. Some of the restrictions placed on the operator are that there must be no large, stationary, or metal objects for e.g. patrol vehicle or bus shelter within a radius of 50 metres in front of the radar SME. There must be no metal road signs or vertical flat surfaces within 15 degrees on either side of the aiming direction, within a distance of 200 metres of the antenna. There must be a clear view within 45 degrees of the direction of aim over a distance of 600 metres. There must also be no high-tension cables within a radius of 100 metres of the antenna.

Know your rights! Email fawzia@the lawdesk.co.za or call 031-5025670 for any legal assistance.