Post by sushimo on Feb 4, 2009 12:42:00 GMT
Lawyers are arguing at Manchester Crown Court that all devices authorised since 1992 are illegal.
They say the law introducing them on to British roads had been wrongly implemented by successive home secretaries.
A successful appeal on the constitutional principle may lead to drivers demanding repayment of an estimated £600m in fines imposed and the annulment of penalty points and bans.
Retired computer engineer Aitken Brotherston, 61, of Lymm, Cheshire, has brought the case on appeal against his conviction for driving 52mph in a 40mph zone in Manchester city centre, for which he received three penalty points and a £250 fine.
Mr Brotherston said he "firmly believed" that the LTI 20/20 Speedscope laser gun which captured his speed provided an inaccurate reading.
Defence barrister Michael Shrimpton said each home secretary since Michael Howard had effectively set up their own scheme of ministerial approval and were wrong to pass such devices as the LTI 20/20 without any debate by MPs.
Andrew Perry, prosecuting, told the court that the change in the 1988 Road Traffic Offenders Act in 1991 had not left Parliament out of the loop.
MPs and peers had 40 days to object to a published prescribed order which laid down the parameters that a device should meet, he said.
He concluded the legislation had been "followed to the letter".
The appeal panel of Judge Jonathan Gibson and two lay magistrates said it would make its decision only on the facts put before them and not on any mooted implications.
news.sky.com/skynews/Home/UK-News/Manchester-Speed-Camera-Legal-Ruling-Drivers-Challenge-Convictions-Fines-Penalty-Points/Article/200902115216382?lpos=UK_News_Second_Home_Page_Article_Teaser_Region_0&lid=ARTICLE_15216382_Manchester_Speed_Camera_Legal_Ruling_Drivers_Challenge_Convictions_Fines_Penalty_Points
Dammit, I must fathom how to link in here!
However, I have been through this in the last month, a speed camera 'said' it clocked me at 35 in a 30 zone, and I knew better, I know I wasn't speeding, and brought up a challenge, NOT following the guidelines. I got an apology and no further action was taken. This was after being not 100% sure on another two they caught me at the same camera, may just start yelling to get those removed now.
They say the law introducing them on to British roads had been wrongly implemented by successive home secretaries.
A successful appeal on the constitutional principle may lead to drivers demanding repayment of an estimated £600m in fines imposed and the annulment of penalty points and bans.
Retired computer engineer Aitken Brotherston, 61, of Lymm, Cheshire, has brought the case on appeal against his conviction for driving 52mph in a 40mph zone in Manchester city centre, for which he received three penalty points and a £250 fine.
Mr Brotherston said he "firmly believed" that the LTI 20/20 Speedscope laser gun which captured his speed provided an inaccurate reading.
Defence barrister Michael Shrimpton said each home secretary since Michael Howard had effectively set up their own scheme of ministerial approval and were wrong to pass such devices as the LTI 20/20 without any debate by MPs.
Andrew Perry, prosecuting, told the court that the change in the 1988 Road Traffic Offenders Act in 1991 had not left Parliament out of the loop.
MPs and peers had 40 days to object to a published prescribed order which laid down the parameters that a device should meet, he said.
He concluded the legislation had been "followed to the letter".
The appeal panel of Judge Jonathan Gibson and two lay magistrates said it would make its decision only on the facts put before them and not on any mooted implications.
news.sky.com/skynews/Home/UK-News/Manchester-Speed-Camera-Legal-Ruling-Drivers-Challenge-Convictions-Fines-Penalty-Points/Article/200902115216382?lpos=UK_News_Second_Home_Page_Article_Teaser_Region_0&lid=ARTICLE_15216382_Manchester_Speed_Camera_Legal_Ruling_Drivers_Challenge_Convictions_Fines_Penalty_Points
Dammit, I must fathom how to link in here!
However, I have been through this in the last month, a speed camera 'said' it clocked me at 35 in a 30 zone, and I knew better, I know I wasn't speeding, and brought up a challenge, NOT following the guidelines. I got an apology and no further action was taken. This was after being not 100% sure on another two they caught me at the same camera, may just start yelling to get those removed now.
