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.
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
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
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.
