When it comes to the use of speed measuring devices and cameras in law enforcement exercises, the TCSP
guidelines and SANS 1795 (SABS) specifications always apply however an enormous amount of misinterpretation and
outright nonsense is then applied to these guidelines and specifications by those who apply and/or misinterpret
them.
Some of the provisions that are applicable under the TCSP guidelines are as follows:
All equipment used must meet SANS 1795 standards, must be calibrated regularly and must be operated by a traffic officer qualified in the use of that equipment.
No speed trap may be set up within 300m of the commencement of a speed limit zone either way. This does not mean that it may not be set up within 300m of a speed limit sign that is the same as that applicable in the area in which the exercise is being conducted.
Where cameras are used, there must be an accompanying camera warning sign unless the DPP has specifically stated that this is not necessary at that site. There is no requirement that such a camera warning sign must be in place if you are stopped immediately and fined.
All camera evidence must have the data embedded on it in human readable format, easily viewable by a person with normal eyesight at the time that it is captured. There is no requirement in the TCSP guidelines for cross hairs to appear on this photograph but they should be there to show that the measurement was taken in the general vicinity of the number plate or headlight. Take note however that some equipment takes two photographs at the same time and not all equipment used is laser based for which this would be a requirement.
All portable speed measuring equipment (SME) must be mounted on a firm and stable surface and this means that it must be on a tripod in most instances. The tripod itself also has to be on a firm and stable surface since there is no use in mounting the SME on a tripod and then putting that tripod on loose stones that allow it to wobble about.
There is absolutely no requirement that any speed trap must be visible and traffic officers operating this equipment may hide if they wish or are instructed to do so. Similarly, whilst it is certainly unethical and unfair for these to be set up on anything other than flat road surfaces, there is nothing that prohibits these from being set up on a downhill or uphill. In fact most speed traps are set up on downhill slopes because the speed limit is the speed limit, uphill, downhill or on a flat.
The alleged infringer is entitled to be given (not just see) a copy photograph or image of the alleged offence and the traffic authority concerned must do so free of charge...