The Speed Camera Was Obscured

Question:

I have recently been caught by a gatso in Essex doing 40mph in a 30 zone. However the gatso speed camera was completely obscured from the

roadside due to the hedgerow being overgrown.

I have witnesses to that fact and established that the local authority do not appear to maintain that area of the roadside.

I have written back to Essex police and notified them of this situation and that in my view it doesn’t meet the dept of transport

guidelines. It must impact on many motorists caught on that particular Essex police replied basically saying that the fact the speed camera was

invisible to the driver didn’t matter … I intend to plead not guilty.

What are your views?

Louise Says:

I’m afraid that they are right and you are wrong.

There is no legal requirement for the speed camera itself to be visible. The speed limit signs have to be visible and there are guidelines that there should be warning signs and the camera itself should be visible (to act as a deterrent) but Im afraid an obscurred camera is not a defence.

The only defence to speeding is if you can show that you were not speeding. You have to cast a doubt on the prosecution evidence.

Have you got any points already? If so how many?

If you were speeding then you will get convicted if you admit it under cross examination and you will get higher fines and court costs than the fixed penalty offer.

If you deny the speed alleged come back to me.