Author Topic: NIP but no camera calibration certificate  (Read 419 times)

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mr-jp

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NIP but no camera calibration certificate
« on: January 29, 2024, 07:24:47 pm »
Hi guys,

I was sent an NIP for the average speed of 51mph in a 40 but upon looking at the evidence, the website has just provided pictures but no camera calibration certificate.

How do I go about requesting one and could this help me to provide any defence?

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NewJudge

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Re: NIP but no camera calibration certificate
« Reply #1 on: January 29, 2024, 07:33:10 pm »
You could ask them. They might provide it (though don't have to).

If you took this to court (which is the only way to challenge a speeding charge and it would mean you declining any out of court offers) the police do not have to provide a calibration certificate. The device is assumed to be working properly unless the contrary can be shown. Average speed systems are extremely accurate. They simply detect vehicles via ANPR at the start and end of the stretch. The time between the two detections is measured and since the distance between the two is known, the average speed can be accurately calculated.

Do you have a reason to suspect the measured speed may be inaccurate?

mr-jp

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Re: NIP but no camera calibration certificate
« Reply #2 on: April 18, 2024, 08:11:29 am »
Hi Newjudge thanks for your response. Just to update & to help anyone ever in the same situation.

I emailed the police directly stating that I wish to raise a critical concern regarding the validity of the allegation. Due to the fact that the camera had not been validated within a year, it could not accurately measure my speed.

I quoted the annual calibration requirement stipulated in Section 2.1 of 'A Guide to Calibration Requirements for Traffic Enforcement Equipment' which states "that traffic enforcement devices undergo a complete calibration process annually, with any intervening maintenance followed by rigorous functional checks to affirm the device's accuracy" & asked if they could review the allegation, and in light of fairness & justice reconsider and ultimately dismiss the offence.

They responded back within a week and cancelled the speeding offence based on a device error.

BertB

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Re: NIP but no camera calibration certificate
« Reply #3 on: April 18, 2024, 10:15:35 am »
I emailed the police directly stating that I wish to raise a critical concern regarding the validity of the allegation. Due to the fact that the camera had not been validated within a year, it could not accurately measure my speed.

So to ask the question again

Do you have a reason to suspect the measured speed may be inaccurate?

As mentioned by NewJudge, the authorities aren't usually in the habit of cancelling tickets due to out of date calibration certs. So was it a case that you knew the alleged speed was inaccurate or did you just go fishing?

It will be handy for us to know the nature of the appeal as it helps us advise others better

mr-jp

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Re: NIP but no camera calibration certificate
« Reply #4 on: April 18, 2024, 12:11:01 pm »
Hi Bert, I just went fishing tbh as I had nothing to lose. Basically I had 2 different speeding offences at the time & one included a certificate & this one didn't. So I found that strange. I then requested the certificate from the police and after checking saw it was out of date.

However, I did come across other advice online saying that you actually can email the police directly if the certificate is out of date & it is up to them whether they cancel it or not based on that.

Maybe I got lucky who knows but I'm sure there are guidelines for speed equipment for a reason. If those guidelines haven't been followed then how is it fair to then charge someone when the evidence may not be 100% correct? It therefore puts the evidence into question.

If necessary I can leave a draft of what I emailed to help others in future
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Southpaw82

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Re: NIP but no camera calibration certificate
« Reply #5 on: April 18, 2024, 12:53:41 pm »
The law doesn’t require there to be a calibration certificate, so the cancellation was more luck than anything else.