Is your speeding ticket legal? Find out
A speed camera is the most common way of being caught speeding on the roads.
Most of the time, reality strikes when you receive notification via the post.
This leave motorists in a state of confusion, as there are plenty of myths and rumours surrounding speeding fines.
The easy way out is just to pay the fine and get it over with.
However, what you should be asking yourself as soon as you receive the notice for a fine or prosecution, in cases of exceedingly high speed, is how legal is the ticket in the first place?
Why? Because there are guidelines for prosecution with regard to data capturing and recording devices for speed measurements that authorities have to adhere to in order to validate the tickets.
The first, most important step, is that camera spots must have been authorised by the NPA in order to qualify for prosecution.
As soon as you receive a speeding fine via the post office, you should check the date of the alleged offence and the date you received the fine.
Section 341 of the Criminal Procedure Act No. 55 of 1977, stipulates that the fine shall be posted to the licensed owner of the motor vehicle within 30 days of the date of the offence; or where AARTO is in place, in accordance with AARTO legislation.
The vehicle must be clearly identifiable as the offending vehicle.
Every photograph/image on the ticket is to be adjudicated by a peace officer before prosecution is initiated, to ensure that all the requirements have been complied with.
This includes that two or more vehicles are not in the measurement area between the sensor lines if the sensor lines are general or not lane specific.
And if lane specific, the lane of violation shall be indicated; or and that the information on the photograph/image and the information on the National Register of Vehicles must correlate with regard to the make and type of vehicle, except during adverse weather condition and after sunset. Night is specified as between sunset and sunrise as defined in the CPA.
If requested, a copy of the relevant photograph/image must be supplied free of charge to the alleged offender or licensed owner of the vehicle; and if a flashlight is used during night-time operation, only filtered flashlights (to avoid blinding of motorists) may be used to illuminate the vehicle from the front.
The photograph/image shall at least record the following for speed measuring equipment:
* Date of offence.
*Time of offence.
*Speed measured.
*Location description.
ALSO READ: Watch your speed: More speed camera spots in Boksburg
