Speed cameras "could be illegal"

Jan 02, 2009 21 Replies

On the contrary, there has NEVER been such a principle in English law. American law, yes. English, no.

See section 2.1 of this for background:

formatting link

The only relevant section I can find is:

formatting link
06808&ActiveTextDocId06863&filesize935 (Section 40 of the Road Traffic Act 1961)

This amends the Highways Act 1980 (and equivalent Scottish legislation) by inserting: (England & Wales) 95A. A highway authority may install and maintain on or near a highway structures and equipment for the detection of traffic offences. (Scotland) 49A. A roads authority may install and maintain on or near a road structures and equipment for the detection of traffic offences.

That is all I find that relates to the subject. It seems a very long 'stretch' to suggest that Parliamentary approval is required for every new type of speed camera - this would never have been the intention of Parliament.

This seems very much a 'grasping at straws' effort. With contemporary attitudes to interpretation and the contemporary stance of Their Lordships on legal matters, I suspect this attempt is doomed to failure.

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required