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I've Received a Notice - Frequently Asked Questions
How was I detected? Was the equipment working properly?
Vehicles travelling at excess speed could be detected in a number of ways:
The following equipment was used up until the 31 March 2011
- Gatsometer (GATSO) fixed cameras (unmanned) – roadside
GATSO speed and red light cameras. These are static cameras which automatically record photographic evidence. The speed camera uses a radar beam to detect the speed of passing vehicles. The red light camera uses sensor loops embedded in the road surface before and after the stop line to detect any vehicles passing over the line when the traffic light is red. The trained member of police staff who loads and unloads the GATSO camera carries out a test procedure and records two test shots at the start and end of each film.
- LTI 20-20 Speed Scope camera (manned) – roadside
LTI 20-20 UltraLyte 1000 speed cameras. This is a mobile speed camera, operated by a trained member of police staff, which records video evidence onto DVD using a Concept 2 system. It uses a series of regular pulses of laser light to measure the changing distance between the speed gun and the vehicle being checked. From this the system can accurately calculate the vehicle’s speed. The camera system caries out an automatic self diagnostic each time it is turned on. The operator also performs a distance check at the start of each working day and a beam alignment and speed check at the start and end of each session.
- SPECS digital camera – Speed over distance
SPECS (SVDD) cameras. This is a static average speed camera system which automatically records digital image evidence onto WORM disks. This camera system measures the average speed of vehicles travelling between its entry and exit cameras. An ANPR system reads the licence plate of every vehicle entering and exiting the area covered by the camera system. It compares the time each vehicle enters and exits and from this calculates the vehicle’s average speed, as it knows the exact distance between the entry and exit cameras.
- RedSpeed Digital fixed cameras (unmanned) – roadside
RedSpeed, RedGuard and SpeedCurb cameras. These are static cameras which automatically transmit digital image evidence to the Speed Enforcement Unit office where it is recorded onto DVD. The RedSpeed and SpeedCurb camera systems use a set of piezoelectric sensors embedded in the road surface to detect the speed of passing vehicles. The RedSpeed and RedGuard camera systems use sensor loops embedded in the road surface before and after the stop line to detect any vehicles passing over the line when the traffic light is red.
Equipment used since 01 April 2011
- LTI 20-20 Speed Scope camera (manned) – roadside
LTI 20-20 UltraLyte 1000 speed cameras. This is a mobile speed camera, operated by a trained member of police staff, which records video evidence onto DVD using a Concept 2 system. It uses a series of regular pulses of laser light to measure the changing distance between the speed gun and the vehicle being checked. From this the system can accurately calculate the vehicle’s speed. The camera system caries out an automatic self diagnostic each time it is turned on. The operator also performs a distance check at the start of each working day and a beam alignment and speed check at the start and end of each session.
In all these instances there will be photographic evidence; copies of which may be supplied. Requests should be made, in writing, to:
Speed Enforcement Unit
PO Box 2231
Bristol BS99 7GE
All types of speed and traffic light camera used by the Speed Enforcement Unit have been tested and certified as accurate by the Home Office. A Type Approval document is available for each camera type.
Furthermore, each individual camera is annually calibrated by their manufacturer who then issues a calibration certificate to confirm that they are functioning correctly.
By law there must be two independent checks for each allegation of speeding or traffic light violation. All of the camera systems used by the Speed Enforcement Unit adhere to this requirement. Trained police staff inspect the evidence for each alleged offence to verify that it has passed both checks before a Notice of Intended Prosecution is issued to the vehicle’s keeper.
If you have a query about a Notice of Intended Prosecution received from The Speed Enforcement Unit, you can contact them from 8am and 5pm Mon-Fri on the following numbers.
General – 0117 9454761
Prosecutions – 0117 9454796
Our duty to you
A Notice of Intended Prosecution form must be sent to the last known address of the registered keeper within 14 days of the detection of the alleged offence.
This form must specify the nature of the alleged offence and the time and place it is alleged to have been committed. Errors in the details of the alleged offence, time or place will not automatically render the notice as invalid. If you disagree with the details on the notice you must request a court hearing.
A written Notice of Intended Prosecution does not need to be served if one is given verbally at the time of the offence (eg when a driver is stopped and reported for speeding).
Your duty
If you receive a Notice of Intended Prosecution, you have a legal obligation to respond to it within 28 days, either by:
- accepting the conditional offer of a fixed penalty (if applicable);
- nominating another person as the new or previous keeper of the vehicle at the time of the alleged offence;
- nominating someone else.
When will I know if I am going to be prosecuted?
The registered keeper of the vehicle will receive a Notice of Intended Prosecution within 14 days of the alleged offence. If the keeper hears nothing within 14 days it is unlikely to go to court.
If a Notice of Intended Prosecution is received, the registered keeper is required by law to complete it, giving details of the driver/rider at the time of the alleged offence.
The person named could then receive a summons to court in due course.
What if I cannot identify the driver?
As the registered keeper, owner, hirer or nominated driver of the vehicle, you are legally obliged to supply the details of the actual driver on the date of the alleged offence.
Failure to supply these details may render you liable for prosecution under Section 172 of the Road Traffic Offenders Act 1988. This applies to both corporate bodies and individuals.
Only a court of law can decide whether a person has used reasonable diligence in trying to find out the identity of the driver.
I don't believe it was my vehicle
It is advisable to contact the address on the ticket if you doubt that your vehicle was involved in the alleged offence. Appropriate enquiries will be made by this office to establish whether the details of your vehicle and those of the offending vehicle are the same.
If there is a discrepancy in the vehicle details, appropriate action will be taken and you will be advised accordingly.
If there is no discrepancy then you may be required to provide the office with written proof confirming the whereabouts of the vehicle on the date in question.
If your vehicle was stolen prior to the date of the alleged offence then you must contact the address on the notice immediately.
The driver is no longer in the country
In this instance you are required to provide written confirmation that the driver has gone abroad for an indefinite period. You will be required to supply a full contactable address.
I think I may have a defence or I have a reason for my actions
If you believe that you have a defence to the offence alleged in the notice, you may request a court hearing by completing part one on page two of the Notice of Intended Prosecution. Please note that the Speed Enforcement Unit is not in a position to consider a valid defence or mitigating circumstances. These are matters that can only be dealt with by a court of law.
The European Convention of Human Rights
There have been a number of reports published on the subject of the Human Rights Act and how it relates to these types of offences.
Under Section 172 of the Road Traffic Act 1988, the keeper of a vehicle can be required to provide the police with information on who was driving it when an offence was committed. It is an offence not to provide the police with such information unless the keeper can show that they did not know and could not, with reasonable diligence, have found out. These provisions are commonly used for offences detected by police speed cameras, which are deployed to improve road safety.
Some reports have suggested that a court in Birmingham ruled that the Section 172 procedure in camera cases was in breach of the Convention on Human Rights.
The case involved unusual circumstances, including apparent administrative errors: it did not involve the use of speed cameras and the court did not conclude that the Section 172 procedure on camera cases is in conflict with the Convention.
Courts cannot choose whether they will or will not apply Section 172. It is the law and they must follow it. The situation has not changed since the introduction of the Human Rights Act, which came into force on 2 October 2000. From that date, higher courts may declare legislation to be in conflict with the Convention; the effect of such a declaration will depend upon the specific terms of the declaration and whether the government accepts it.
The situation at present is as it has always been. Under Section 172 of the Road Traffic Act 1988, keepers/drivers of vehicles are obliged to reply.
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