http://www.yorkshiretoday.co.uk/ViewArt ... ID=1654828
Appeals hope for drivers over signs blunder
Paul Whitehouse
27 July 2006
LAWYERS from the Crown Prosecution Service have started writing to drivers convicted of speeding by cameras on the Stocksbridge bypass in South Yorkshire after it emerged signs warning drivers of the system fell outside legal rules.
The situation was revealed after a motorist facing court for four speeding offences on the route within a month contacted a specialist traffic solicitor.
Research revealed that since the SPECS cameras were installed on the road, warning markings on the route have never met the necessary legal criteria.
While that may have been a simple oversight on the part of engineers who planned the installation, it was enough to make the CPS drop its action against that driver and to raise a question mark over every other prosecution on that road that relied on evidence from the cameras.
The signs were immediately changed and now fall within the legal criteria.
At the time the CPS said it was "considering the implications" of the situation but now it has emerged it has begun writing to other drivers whom it has prosecuted and who have been penalised.
One of those has employed specialist legal expert Rob Bimpson, who told the Yorkshire Post: "He has three points on his licence as a result of this and, given the tenor of the letter, it looks favourable that we will be able to appeal."
The CPS deals only with cases that go to court, either because the driver wants to plead not guilty or the offence is deemed too serious to be dealt with by £60 fixed penalty fine and three points on the offender's licence.
Fixed penalties are issued directly from the Central Ticket Office operated by South Yorkshire Police, but Mr Bimpson believes all mot-orists fined as a result of be-ing caught by camera on that road should be able to get their prosecution overturned.
If that happens it would cost the state a fortune be-cause fines would have to be repaid and there would be a large bill for the bureaucracy.
Further legal challenges, such as over the cost of legal assistance, could arise. Some drivers may have been banned or faced extra costs, such as inflated insurance premiums.
"Anybody who has a conviction during the period when there have been defective road markings can get them overturned," he said.
It remained uncertain about how the situation would develop, he said, although on an individual basis drivers could appeal to the Crown Court.
But it was also possible that cases could be overturned by magistrates if the CPS took the decision not to object.
South Yorkshire Police said it was still investigating the situation and Chief Insp Ian Bint added: "We will not be taking any action until those enquires have been concluded, which is likely to be some weeks yet."
The SPECS cameras on the bypass monitor average traffic speeds along the duration of the route, rather than checking at specific locations
They were installed several years ago in an apparently successful attempt to improve the road's record on serious and fatal crashes.
The CPS said no figures were available for the numbers caught speeding there, but Mr Bimpson estimated it would be "in the thousands".
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