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GATSO speeding, Aberdeen JP, September 2016

This was a GATSO speeding case. Our client was prosecuted for driving at 70mph in a 50mph limit.

As we have stated previously, GATSO cameras are not unbeatable. The device works using radar technology which, although type-approved, is dated technology. There are also strict rules of evidence about when evidence can and cannot be used in court.

GATSO cameras also utilise a ‘secondary check’. This is a required check and forms part of the process by which the GATSO is type-approved. A series of lines are painted on the road, purporting to be 2 metres apart. The GATSO then takes two pictures 0.5 seconds apart. The authorities now have all of the information they require to work out the speed on the basis of the secondary check using the speed/distance/time equation. The rule is that the secondary check speed must be within 10% of the recorded speed on the GATSO.

But what if the difference is greater than 10%? In this case, the photos seemed to indicate a secondary check speed of 62.63mph. This was a difference greater than 10% from the GATSO speed. Although still in excess of the speed limit, the secondary check seemed to indicate that the GATSO was not meeting its approval target and was therefore not reliable.

On this occasion, this particular defence did not need to be explored as matters did not get that far and our client was found Not Guilty.