Question:
At the intersection of 1st Avenue Linden and Road No.3, Victory Park, Johannesburg, there are two cameras, devices which I have seen flash motorists on several occasions in the past, i.e. mostly when I was travelling up the hill in the opposite direction to which these devices are applicable.
As I have seen them flash when the traffic lights are green, I imagine that one of the cameras is for speeding offences, whereas the other is there to photograph offenders ignoring a red light.
On Saturday evening this past weekend, my spouse and I were travelling down 1st Avenue in the direction towards Emmarentia, i.e. after sunset and it was already getting quite dark. As we entered this particular intersection, careful not to exceed the speed limit, another vehicle overtook us on the left-hand side at a speed considerably faster than us. I can only speculate as to what speed the other vehicle was doing, notably by the increasing gap it made as it left us behind. My overriding concerns are as follows:
1. The occupants of the other vehicle put us (and other members of the public) in extreme danger – I presume they overtook on the left-hand side because they were not prepared to keep to the speed we were doing behind our vehicle!
2. Secondly, they drew level with us at right about the moment we entered the intersection and triggered the camera. This was apparent by the way in which the flash lit-up the surroundings! Hence, I suspect that our vehicle will appear in the same photograph and we will both be issued with traffic fines, which would be grossly unfair.
3. How would such an electronic speed-control device differentiate between an offending driver’s vehicle and an innocent party?! An aggravating condition perhaps, is that we are dealing with an unmanned speed-trapping device, not one where an “operator” can concentrate the device on a SINGLE vehicle.
I would like to ask if you would kindly provide reasonable advice on what recourse we may have, should WE be issued with a summons based on the negligent behaviour of the OTHER road user.
Your assistance would be highly appreciated. I have also tried to search for information about the activation/triggering of speed cameras when two vehicles cross the trapping-lines simultaneously, but do not seem to be able to find anything satisfactory on the subject.
Kindly acknowledge receipt of this communication.
Answer:
Let me put your mind at rest on a few things.
1. Almost all fixed red light cameras are also speed cameras.
2. All of these have to state the lane in which any vehicle photographed by it is travelling.
3. There is no such thing as a summons under AARTO.
If however you do receive an infringement notice in the post from the JMPD for this incident, then please contact me and I will assist you.
Fixed distance and time equipment
This is fixed distance over time equipment which uses photographic evidence and therefore section 6 of the TSCP guidelines apply.
I see this all the time when people look for answers and jump to conclusions and whilst I do not wish to insult you in any way, I do point out that there is a reason why I am listed as an expert on this field of law enforcement on the Arrive Alive website. I promise you that the advice I have given you is valid and comes from a thorough knowledge of all of the requirements of the TCSP guidelines as well as the technical issues surrounding Speed Measurement Equipment.
I do suggest that you go and read the contents at www.aarto.co.za so you come to understand how it works.
Best Regards,
Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)