Speed Prosecution Guidelines

The information contained in this document below, we feel is very important and it should be readily available in the glovebox.It contains important guidelines a traffic officer should comply with when carrying out Speed Enforcement duties.

 

Point 1.1 states: ‘The provisions in this document are operational guidelines only and non-compliance does not influence the accuracy or reliability of measurement results. The decisions whether or not to prosecute remains in the discretion of the prosecutor’

 

If use correctly,this document could be quite advantageous in the situations you might land yourself in.

 

http://www.arrivealive.co.za/pages.aspx?i=906

 

 

Prosecuting Guidelines

 

PROSECUTING GUIDELINES FOR SPEED MEASURING EQUIPMENT [SME] AND

TRAFFIC LIGHT VIOLATION MONITORING EQUIPMENT [TLVME]

Prepared by the Technical Committee for Standards and Procedures for Traffic Control and Traffic Control Equipment [ TCSP] , January 2006

GUIDELINES FOR PROSECUTION

WITH REGARD TO SPEED AND TRAFFIC LIGHT PROSECUTIONS

 

1.1.The provisions in this document are operational guidelines only and non-compliance does not influence the accuracy or reliability of measurement results. The decisions whether or not to prosecute remains in the discretion of the prosecutor.

1.2.The operator for purposes of these guidelines is a traffic officer appointed in terms of road traffic legislation.

1.3.The operator shall have attended and passed a course on speed measurement and, if applicable traffic light monitoring, as approved by the National Training Committee.

1.4.That the operator shall be in possession of an operator's certificate for the specific type of SME and, if applicable, TLVME.

1.5.An accredited laboratory shall calibrate -

1.5.1All speed measuring equipment;

1.5.2All distance measuring equipment; and

1.5.3All time or time interval measuring equipment,

at least once every six months and issues a calibration certificate. Equipment that is outside the six months calibration period must be recalibrated before it may be used for prosecution purposes.

1.6All distance checking markers for validation of SME's shall be checked and validated by a Professional Land Surveyor, registered with the S A Council for Professional and Technical Land Surveyors or an accredited laboratory at least once every twelve months. A certificate of the validation shall be issued.

1.7.No prosecution may be instituted where the speed measurement was taken within 300 metres of the commencement of the speed limit zone, except with permission from the Director of Public Prosecutions.

1.8.That maintenance and repair of equipment and accessories that will result in the calibration seal being broken, shall only be attended to by the manufacturer, distributor, or their appointed agent, in accordance with the SANS 1795 and the equipment shall be recalibrated thereafter.

A person qualified to effect repairs to equipment, which is authorized in writing by, the manufacturer, distributor or an appointed agent of the manufacturer of such equipment, may affect repairs in accordance with the manufacturer's instructions.

1.9.All results required to be recorded shall be recorded in an appropriate register.

1.10.A copy of the following must be available at all times at attended sites where SME's are being operated:

1.10.1A valid calibration certificate; and

1.10.2The operator's certificate.

1.11The driver shall be afforded the opportunity to view the speed-reading and the documents referred to in 1.11, if stopped by a traffic officer.

1.12The authority responsible for the speed measurement shall have the following documents available at their offices –

1.12.1a certificate showing compliance with the relevant part of SANS 1795 (applicable to equipment acquired after the re-publication of SANS 1795 ….. 2006?); and

1.12.2certificates for any distance required in terms of this guideline.

 

2. GUIDELINES FOR PROSECUTION WITH REGARD TO SPEED MEASUREMENTS BY RADAR EQUIPMENT NOT LINKED TO A DATA AND IMAGE CAPTURING DEVICE

 

2.1SITE SELECTION

When selecting a site for a speed measurement exercise, the following must be adhered to:

2.1.1Site selection must be done during daytime for day and night-time operation.

2.1.2There shall be no large, stationary, or metal objects (e.g. patrol vehicle, bus shelter) within a radius of 50 metres in front of the radar SME.

2.1.3There shall be no metal road signs or vertical flat surfaces within 15 (fifteen) degrees on either side of the aiming direction, within a distance of 200 metres of the antenna.

2.1.4The equipment may only be used where there is a clear view, any obstruction taken into account, within 45 degrees of the direction of aim over a distance of 600 metres.

2.1.5There shall be no high-tension cables within a radius of 100 metres of the antenna.

2.1.6There shall be no discharge type lamps (e.g. sodium or neon) in operation within 45 degrees of the direction of aim within 100 metres of the antenna.

2.1.7

(a)Equipment modified or permanently set that no signals are received and processed from vehicles more than 300 metres away may be used on straight roads. Vehicles used to test the modification are vehicles with a tare of not more than 750 kg.

A copy of the certificate verifying the modification or setting has to accompany the equipment at all times.

(b)Equipment not modified as referred to in paragraph (a), shall only be used where rises and bends in the road take all vehicles further than 300m out of the measuring area of the SME.

2.1.8The SME shall at all times whilst being operated be mounted on a firm and stable surface and if mounted in or on a vehicle, the vehicle must be stabilized before the SME is used.

 

2.2.SETTING UP THE DEVICE

2.2.1Ensure that the display is legible and functional.

2.2.2Depress the test buttons and ensure that the readings obtained are as per the manufacturer's specifications.

2.2.3Verify operation using tuning fork method, where applicable.

2.2.4Check that the site is interference free by using a radar detector supplied by the supplier/manufacturer of the radar equipment.

2.2.5The tests in paragraphs 2.2.2 to 2.2.4 must be done at the start and end of each speed measurement shift and whenever the instrument is moved.

 

2.3.OPERATION

2.3.1The SME shall at all times whilst being operated be mounted on a firm and stable surface and if mounted in or on a vehicle, the vehicle must be stabilized before the SME is used.

2.3.2If an unexplained spurious reading is observed, operation must be ceased immediately.

2.3.3Ensure that no speed measurements are taken if any moving vehicle other than the measured vehicle is within 600 metres from the SME in the direction of operation unless 2.1.7 (b) is met.

 

3. GUIDELINES FOR PROSECUTION WITH REGARD TO SPEED MEASUREMENTS BY LASER EQUIPMENT

 

3.1.PREPARATION FOR MOBILE SME's

Prior to the machine being used, the following checks must be carried out and recorded:

3.1.1A vertical and horizontal scope alignment test, at a distance of at least 100 metres must be done at the start and end of each speed measurement shift and whenever the equipment is moved.

3.1.2A fixed distance and zero velocity test shall be done:

(a)The validation distance must be at least 100 metres.

(b)The distance error must not be more than + 0,2 metres.

(c)No speed-reading must be displayed when taking a measurement of a stationary object.

3.1.3If any of the above tests are not met, the SME shall not be used for prosecution purposes.

3.2.SITE SELECTION FOR MOBILE OPERATION

When selecting a site for a speed measurement exercise, the operator must have a clear and uninterrupted view of the road and the vehicle measured for the duration of the measurement.

 

3.3.SETTING UP THE DEVICE

3.3.1The SME shall at all times whilst being operated be mounted on a firm and stable surface and if mounted in or on a vehicle, the vehicle must be stabilized before the SME is used.

3.3.2Ensure that the display is legible and functional.

 

3.3.3Verify correct operation using the self-test function.

3.4.MOBILE OPERATION

The following must be adhered to whilst operating the equipment.

3.4.1For approaching or receding vehicles, readings must be taken by aiming at the general area of the number plate of the vehicle, or if it is a motorcycle, its headlamp or rear lamp.

3.4.2Ensure that you have:

(a)a clear and uninterrupted view of the vehicle measured, and

(b)that no measurement is locked beyond 500 metres.

 

3.4.3When viewed from the SME there must be a clear, visible separation between the vehicle target and any other visible vehicle.

3.4.4The measured distance mentioned in 3.4.2(b) must be recorded on the charge sheet, if no photographic evidence is available.

4. GUIDELINES FOR PROSECUTION WITH REGARD TO SPEED

MEASUREMENTS USING DISTANCE-OVER-TIME

MEASURING EQUIPMENT (FIXED DISTANCE/VARIABLE TIME)

4.1.SITE SELECTION

4.1.1The sensor lines of the SME may only be installed on an even and hard road surface.

4.1.2The operator must have a clear view of the sensor lines.

4.2.SETTING UP THE DEVICE

4.2.1Ensure that the display is liable and functional.

 

4.2.2Ensure that only accessories approved by the manufacturer are used.

4.2.3The SME shall be tested at the start and end of each speed measurement shift, using the internal test feature.

4.2.4Two independent measurements must be obtained, using at least three separated sensors. If four sensors are used, they must be separated by at least 100mm. The speed measurement results may not differ from one another by more than 3% and the lesser of the two measurements must be used for prosecution purposes.

4.2.5The distance between the sensor lines may not be less than the distance specified by the manufacturer.

4.3.OPERATION

4.3.1The condition of the sensor lines must be checked at the start and end of each shift, and the distance between the sensor lines must be measured in the case of surface sensors.

4.3.2If two or more vehicles are in the measurement area between the sensor lines at the same time, the measurement is to be rejected, except on the case of lane specific sensors.

4.3.3In the case of sensors mounted on the surface, the operator shall, observe the condition and position of the sensors from the side of the road, every hour.

 

5. GUIDELINES FOR PROSECUTION WITH REGARD TO SPEED

MEASUREMENTS USING DISTANCE-OVER-TIME

MEASURING EQUIPMENT (VARIABLE DISTANCE/VARIABLE TIME)

 

5.1.PREPARATION

5.1.1Prior to the instrument being used for speed prosecution purposes, the following checks must be done:

5.1.1.1Verify correct operation, using the inbuilt test function.

5.1.1.2Perform a distance check according to manufacturer's instructions over a validated distance of not less than 500 metres.

5.1.1.3The operator must be in possession of a calibration certificate for the distance between the validation markers.

5.1.1.4The test in paragraph 5.1.1.2 must be repeated at the end of an operator shift, or each time after a wheel was changed, or when tyre pressure was inflated/deflated.

5.1.1.5Record the results of the abovementioned tests.

 

5.1.2Only vehicles clearly marked or identifiable as official traffic or police vehicles may be utilized for this equipment, except with the permission of the Director of Public Prosecutions.

5.2.SITE SELECTION

5.2.1The equipment may be used on any suitable road or in any traffic condition, provided that the operator has (where applicable) a clear view of identifiable markers next to or on the road.

5.2.2The target vehicle must be visible at all times.

5.3.OPERATION

5.3.1A written record of all proceedings and incidents during a shift shall be kept at all times.

5.3.2When measuring the target vehicle's speed, the distance measured shall not be less than 500 metres.

 

6. GUIDELINES FOR PROSECUTION WITH REGARD TO

DATA CAPTURING AND RECORDING DEVICES FOR SPEED MEASUREMENTS AND TRAFFIC LIGHT VIOLATIONS (EQUIPMENT SUCH AS WET FILM CAMERAS,VIDEO CAMERAS, DIGITAL CAMERAS)

 

6.1.GENERAL REQUIREMENTS APPLICABLE TO BOTH UNATTENDED AND ATTENDED OPERATIONS.

6.1.1The photograph/image shall at least record the following for SME

(a)date of offence;

(b)time of offence;

(c)the speed measured;

(d)where sensor lines are installed, a view of the whole width of the traffic lane(s) covered by the sensor lines;

(e)where any other sensors e.g. laser or radar are used, an image of the area with an angle of view sufficient to ensure that the speeding vehicle is clearly identified in relation to the measuring position and other vehicles which may be nearby; and

(f)the location code.

6.1.2An information sign with regard to speed prosecution by camera must be displayed as required by the Director of Public Prosecutions, if the offender is not immediately stopped and informed of the offence.

6.1.3The photograph/image shall at least record the following for TLVME:

(a)date of offence;

(b)time of offence;

(c)the yellow interval time of the traffic light preceding the red-light time;

(d)the elapsed red-light time at time of the photograph/image;

(e)a view of the whole width of the traffic lane(s) and intersection;

(f)at least one functioning traffic light must be visible in the photograph / image indicating the interval of the intersection;

(g)at least two photographs/images indicating the position of the vehicle of the accused must be taken;

(h)the first image must show the vehicle entering the intersection after a delay time has lapsed at the start of the red-interval of the intersection;

(i)at least a second image taken a fixed time or distance from the first image indicating the vehicle moving through the red interval of the intersection; and

(j)the location code.

6.1.4A written notice in terms of section 341 of the Criminal Procedure Act, 55 of 1977 shall be posted to the licensed owner of the motor vehicle within 30 days of the date of the offence.

6.1.5Every photograph/image is to be inspected by a peace officer before prosecution is initiated to ensure that all the requirements of paragraph 6. 1.1 has been complied with and:

6.1.5.1that 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

6.1.5.2where a laser device is used, that there is a clear unobstructed view of the vehicle to be prosecuted;

6.1.5.3where a radar device is used, that there are no vehicles other than the vehicle to be prosecuted, in the measurement area; and

6.1.5.4that the information on the photograph and the information on the NaTIS system correlates in relation to the make and type of vehicle.

6.1.6If requested, a copy of the relevant photograph/image must be supplied free of charge to the alleged offender or licensed owner of the vehicle.

6.1.7If a flashlight is used during night-time operation, only filtered flash lights, so as to avoid blinding motorists, may be used if the front of the vehicle is illuminated.

6.1.8In case of a traffic light offence a written notice must be posted within 30 calendar days to the licensed owner of the vehicle to inform him of the offence and requesting him to contact the authorities.

6.2.UNATTENDED OPERATIONS

6.2.1Only speed measuring or traffic light violation monitoring equipment installed in a permanently secured housing that has permanently installed sensors may be used for unattended operations for prosecution of speed violations and traffic light violations.

6.2.2Permanently installed systems shall be checked for correct operation and damage. Installations that are operational for longer than seven days shall be checked for operation, camera alignment and damage every seven days. The results of the check shall be recorded.

6.2.3Where a laser or radar SME is used, the operator shall verify that the alignment of the laser device or radar sighting device is coincident with the camera aiming point. Record the results on image. This verification shall be done before and after each period of operation. Installations that are operational for longer than seven days shall be checked for operation, scope and camera alignment and damage every seven days. The results of the check shall be recorded.

6.3.ATTENDED OPERATIONS

 

6.3.1Where a laser or radar SME is used, the operator shall verify that the alignment of the laser device or radar sighting device is coincident with the camera aiming point. Record the results on image. This verification shall be done before and after each period of operation.

6.3.2Where variable distance/variable time SME’s are used the video or other recordings shall comply with the following:

6.3.2.1All relevant information must automatically be displayed on the video or other recording, including the speed of the patrol vehicle. The operator must not be able to alter any information displayed on the video or other recording.

6.3.2.2The video camera or other recording must be used to record as much information concerning the driver and his vehicle as possible, and should be kept running until the finalisation of the incident.

6.3.2.3Once the whole video cassette or other recorded medium has been utilized it must not be tampered with, and must be kept safe and secure for court proceedings.

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