Speeding fine question

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Tim182

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How close to a speed sign where the speed zone is changing are they allowed to trap?

Family member received a fine for going 93 in an 80 zone. In the picture you can actually see the 100 zone sign... The car is busy accelerating and only about 15 meters away from the 100 zone sign.

Is this legal or enforceable? I recall something along the lines of no speed traps within 200 meters of a change in speed zone.
 
What i have found (Point 6):

GENERAL GUIDELINES FOR PROSECUTION WITH REGARD TO SPEED MEASUREMENTS

1. That the state only proceeds with prosecution when all the guidelines for prosecution of specific speed measuring equipment are complied with.

2. That the operator attended a general course on speed measurement.

3. That the operator is in possession of an operator’s certificate for the specific type of SME (Speed Measuring Equipment).

4. That the manufacturer’s operating instructions are followed, unless the National Director of Public Prosecutions’ prosecuting guidelines are more stringent.

5. That an approved or accredited laboratory tests and/or calibrates:

* All speed measuring equipment

* All distance measuring equipment

at least once every six months and issues a calibration certificate.


5.1 All distance checking markers for validation of SME’s shall be checked and/or validated using calibrated distance measuring equipment and a certificate shall be obtained by the relevant traffic authority at least once every six months.

6. That no speed measurement may be implemented within 300 metres of the commencement of the speed limit zone except with permission from the Director of Public Prosecutions.

7. That maintenance and repair of equipment and accessories may only be attended to by the manufacturer, distributor, or his appointed agent, and the equipment must be recalibrated thereafter.

8. All results required to be recorded shall be recorded in an appropriate register.
 
I also found this:

There is no legislation as such that specifies the minimum distance from a the commencement of a speed limit zone from which a speed measurement exercise may be set up however, the TCSP guidelines for prosecution using speed measurement equipment applies.

For your information, the acronym “TCSP” stands for “Technical Committee for Standards and Procedures” and South African case law “State v Snyman 2001 (1) SACR 354 (N)” has established that the “guidelines” are not merely a set of recommendations, but a required set of standards that must be followed.

Section 1.7 of the current TCSP Guidelines in use (2007) state that “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.” It is very important to note however:

1. The last part of this statement which says: “except with permission from the Director of Public Prosecutions”.
2. This does not mean that such a speed measurement may not be conducted within 300m of a speed limit sign.
3. This limitation applies to 300m from either side of the commencement of the speed limit zone.

I hope that this answers your question.

Best Regards,

Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)
 
geezer said:
I also found this:

There is no legislation as such that specifies the minimum distance from a the commencement of a speed limit zone from which a speed measurement exercise may be set up however, the TCSP guidelines for prosecution using speed measurement equipment applies.

For your information, the acronym “TCSP” stands for “Technical Committee for Standards and Procedures” and South African case law “State v Snyman 2001 (1) SACR 354 (N)” has established that the “guidelines” are not merely a set of recommendations, but a required set of standards that must be followed.

Section 1.7 of the current TCSP Guidelines in use (2007) state that “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.” It is very important to note however:

1. The last part of this statement which says: “except with permission from the Director of Public Prosecutions”.
2. This does not mean that such a speed measurement may not be conducted within 300m of a speed limit sign.
3. This limitation applies to 300m from either side of the commencement of the speed limit zone.

I hope that this answers your question.

Best Regards,

Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)
Click to expand...

Thank you! This really helps
 
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