Validity of offences
- Does there have to be a certain number of accidents for enforcement to be legal?
No. Accident analysis is carried out prior to selecting sites for enforcement so we can be as certain as possible that our activity will reduce accidents. Central government has required various combinations of accident numbers and speed survey results over the years, but only for funding purposes. Many of our sites have been active since before West Yorkshire became part of this system. How the camera was paid for is of no relevance to offences detected.
Compliance with accident or surveyed speed criteria has no bearing on offences detected by the use of cameras and non-compliance does not provide mitigation of, or defence for, a crime committed under UK law.
- Does there have to have been a speed survey showing the proportion of drivers speeding?
No. As with accident numbers, speed survey results were only required for funding, not enforcement purposes, although sites have not been installed without first establishing that there is a speeding problem.
- Do other road safety schemes have to have been tried before enforcement is used?
No. Though a senior highways engineer is involved at an early stage of any new schemes. If he or she judges a more cost effective solution to an accident problem is available, this would always be used in preference. There is no reason to spend more money than necessary.
- Is it still legal / why are you still enforcing if there hasn’t been an accident nearby in a long while?
Yes it is still legal. If the accident rate has fallen since enforcement began, this is viewed as a success. If enforcement was ended, we would expect the number of accidents to rise again.
- Are the road signs legal?
All road signs must conform to Traffic Signs Regulations and General Directions 2002. All lengths of road where enforcement is undertaken comply with this when they are set up and are checked before mobile enforcement commences or fixed camera housings are loaded on subsequent occasions.
- Has the speed limit been assessed as appropriate?
Yes. Though opinion regarding the safe speed at which a given length of road can be driven is not considered a valid defence in court. If a speed limit has been lowered as an accident reduction measure but is ignored, enforcement may follow.
- If I don’t receive the Notice of Intended Prosecution within 14 days is it still valid?
Yes, we do not have to prove it was delivered, only that it was posted. In certain circumstances this 14 days can be exceeded, for example if you have been nominated as a driver by a hire company. There is no time restriction on subsequent notices.
The information given on this website is compiled by West Yorkshire Casualty Prevention Partnership from a variety of sources and every effort is made to ensure it is accurate. However, no liability will be accepted by West Yorkshire Casualty Prevention Partnership or its agents if it isn't.