Question:
Dear Sirs, I would like to know if the law stipulates the minimum distance from a speed change sign that a mobile speed camera can be positioned? Kind Regards
Answer:
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)