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Accuracy of speed enforcement policing equipment?

  • 13-12-2018 12:32AM
    #1
    Registered Users, Registered Users 2 Posts: 16,041 ✭✭✭✭


    I recall reading here many times, as well as digging the laws myself, which shown that in Ireland there is no need for any calibration of speed measuring devices used by Gardai or even a requirement of using them.

    In short a driver can be fined for speeding when detected by member of AGS who used uncalibrated speed detection device, or even judged speed "by eye" but afair that was only an option when at least 2 members of AGS witnessed this speeding "by eye".

    Considering we might be facing introduction of very severe penalties of any speeding offence, would the current laws stay in place or would they need to be replaced?

    I just wonder how good it will be for a gard to say to you - I've just seen you speeding, you must been doing at least 80 so it's going to be dangerous driving charge now.


«1

Comments

  • Moderators, Business & Finance Moderators Posts: 18,175 Mod ✭✭✭✭Henry Ford III


    I wouldn't worry too much about it. The courts tend to believe Garda evidence without backup.


  • Registered Users, Registered Users 2 Posts: 5,363 ✭✭✭source


    Firstly, there are 2 speeding offences in the Garda summons manual which can be applied. Exceeding the speed limit and driving at speed. The first is exactly what it states you exceed the posted speed limit and you can be fined/summonsed; a speed gun, van or ANPR equipped car can catch you doing this. Driving at speed relates to driving in a manner which is too fast for the road conditions, while you may in fact be below the speed limit, this is rarely used. This is based on a judgement call on the Garda’s part based on the conditions that they are observing, though careless driving and driving without due care and attention are better for this type of offence.

    Secondly, while there may not be any specific legislation requiring the calibration of the speed equipment, they are regularly calibrated, and a log is kept for each device as to when they were last calibrated. It’s 6 years since I was in the guards so cannot recall how often this is done but it is done. The reason judges rely on the Garda evidence is that they know a calibration certificate can be provided if sought. I believe this was a tactic to get out of speeding fines when penalty points were brought in first and the logs consistently showed that the equipment was working fine so Judges stopped allowing it, as contested speeding fines were clogging up the district courts. That’s not to say that if you can prove the equipment was faulty that they won’t look for the evidence.


  • Registered Users, Registered Users 2 Posts: 3,499 ✭✭✭Interslice


    I often wonder to what degree they are calibrated. They are probably just checked to be within a certain tolerance across a range of speeds. Is it sent to some acredited lab or done inhouse by 2 guards one driving the hyundai past the station at a given speed? If they are going to bring in this new speeding system there will have to be transparency in how they run their speed gun operations.


  • Registered Users, Registered Users 2 Posts: 5,363 ✭✭✭source


    Interslice wrote: »
    I often wonder to what degree they are calibrated. They are probably just checked to be within a certain tolerance across a range of speeds. Is it sent to some acredited lab or done inhouse by 2 guards one driving the hyundai past the station at a given speed? If they are going to bring in this new speeding system there will have to be transparency in how they run their speed gun operations.

    Don't know the full details but done externally.


  • Registered Users, Registered Users 2 Posts: 5,363 ✭✭✭source


    Apologies for dragging up an old thread but noticed picture of a speed gun on twitter this morning with the calibration sticker showing. It's calibrated by the supplier of the device.


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  • Registered Users, Registered Users 2 Posts: 73,328 ✭✭✭✭colm_mcm


    source wrote: »
    Apologies for dragging up an old thread but noticed picture of a speed gun on twitter this morning with the calibration sticker showing. It's calibrated by the supplier of the device.

    What’s wrong with that?


  • Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭McCrack


    colm_mcm wrote: »
    What’s wrong with that?

    A manufacturer or supplier of certifying it's own calibration.. Hardly independent and an accused might wish to have the devise examined by their own expert

    If they were bothered


  • Registered Users, Registered Users 2 Posts: 73,328 ✭✭✭✭colm_mcm


    Sure they should just go down the old laser gun district near temple bar and get one of the many companies with the setup and expertise to calibrate these!


  • Registered Users, Registered Users 2 Posts: 1,527 ✭✭✭TrailerBob


    Surely the original manufacturer is the best company to calibrate? Conspiracy theory thread is thataway >>>. I really tire of the seemingly constant moaning about the accuracy of equipment or the 'can they stop you if' ..line of questions. It's not high horse stuff to say how easy it is to not get caught.


  • Registered Users, Registered Users 2 Posts: 23,985 ✭✭✭✭mickdw


    I see no issue with the manufacturer calibrating the device. I do however believe that anyone being prosecuted for speeding based on a reading from such a device should be entitled to view a calibration cert. It should be accepted procedure that garda turns up in court with calibration cert.
    I believe the garda keep on top of that stuff regardless so why not just make it mandatory to produce calibration cert to really nail everything down


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  • Registered Users, Registered Users 2 Posts: 5,363 ✭✭✭source


    I wasn't saying there was anything wrong with it, I was previously asked who did the calibration. I was highlighting that the manufacturer and supplier did it.


  • Moderators, Society & Culture Moderators Posts: 3,933 Mod ✭✭✭✭Turner


    Is actually the law that the gardai dont have to prove that the device is properly caliberated!

    To stop everybody challenging the prosecution in that way.

    The law really is a f*ckin ass


  • Registered Users, Registered Users 2 Posts: 1,527 ✭✭✭TrailerBob


    To be fair they would have so much court time wasted and resources tied up with every fella challenging it to get away with speeding... You might have a 1 or 2 km/h discrepancy if it wasn't calibrated fully, not 10 or 12.. so the majority would still have no genuine argument


  • Closed Accounts Posts: 4,906 ✭✭✭TallGlass


    Turner wrote: »
    Is actually the law that the gardai dont have to prove that the device is properly caliberated!

    To stop everybody challenging the prosecution in that way.

    The law really is a f*ckin ass

    That's a bit of a joke to be honest.

    You should be able to challenge it and the Garda equally should be able to happily provide it, and in cases random samples sent to another calibration company to check the equipment, covers everyone in that event.


  • Registered Users, Registered Users 2 Posts: 16,041 ✭✭✭✭CiniO


    TrailerBob wrote: »
    Surely the original manufacturer is the best company to calibrate? Conspiracy theory thread is thataway >>>. I really tire of the seemingly constant moaning about the accuracy of equipment or the 'can they stop you if' ..line of questions. It's not high horse stuff to say how easy it is to not get caught.
    TrailerBob wrote: »
    To be fair they would have so much court time wasted and resources tied up with every fella challenging it to get away with speeding... You might have a 1 or 2 km/h discrepancy if it wasn't calibrated fully, not 10 or 12.. so the majority would still have no genuine argument

    I started this thread in December when it was loud in media about Minister's Ross proposal to severely increase fines for speeding.

    If I remember right, in his proposal someone being 19km/h over the limit would get €80 fine and 3 penalty points, while begin 20km/h would be €200 and 7 penalty points. It's a very significant difference, which for many drivers might mean being off the road for 3 years (f.e. due to insurance cost).

    Same someone being 30km/h over the limit would get €200 fine and 7 penalty point, but when doing 31km/h over the limit would be charged with dangerous driving, very often ruining that person's life/career etc...

    So my point was if such draconian fines were to be introduced, then preciseness of detection equipment should be of highest standard.

    Otherwise it would be very unfair on drivers caught and fined heavier than they should be, just because garda's laser radar was off by 2km/h.


  • Registered Users, Registered Users 2 Posts: 15,471 ✭✭✭✭joujoujou
    Unregistered Users


    Don't speed.

    Sorted. :cool:


  • Registered Users, Registered Users 2 Posts: 316 ✭✭clones1980


    I used to work for AGS and part of my job was sending the Speed guns for calibration. They are done by an external company and are certified. The external company notifies us constantly as to what speed guns require calibration and I would recall them from the traffic/regular units prior to the previous cert expiring.


  • Banned (with Prison Access) Posts: 1,263 ✭✭✭Riva10


    joujoujou wrote: »
    Don't speed.

    Sorted. :cool:
    Based on previous errors with Garda figures (Breathiliser tests etc) it is very hard to believe any figures issued by the Gardai. Nothing to stop a Garda from stopping a motorist and saying that motorist was speeding. Very few people could afford to fight this in court. Quotas must be reached at any cost. :(


  • Registered Users, Registered Users 2 Posts: 5,520 ✭✭✭mikeecho


    Riva10 wrote: »
    Based on previous errors with Garda figures (Breathiliser tests etc) it is very hard to believe any figures issued by the Gardai. Nothing to stop a Garda from stopping a motorist and saying that motorist was speeding. Very few people could afford to fight this in court. Quotas must be reached at any cost. :(

    Tell us more about these quota's?

    You do realise that speeding fines are cost negative.. IE it costs more to process it than is made from the fine.

    So the more they write the less profitable the whole process is.

    Also the gardai don't receive a red cent from a speeding ticket, that money goes to the governments central fund.


  • Registered Users, Registered Users 2 Posts: 1,827 ✭✭✭tcawley29


    joujoujou wrote: »
    Don't speed.

    Sorted. :cool:

    I hope you don't hurt yourself when you fall from your high horse :pac:


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  • Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭McCrack


    mikeecho wrote: »
    Tell us more about these quota's?

    You do realise that speeding fines are cost negative.. IE it costs more to process it than is made from the fine.

    So the more they write the less profitable the whole process is.

    Also the gardai don't receive a red cent from a speeding ticket, that money goes to the governments central fund.

    Youre failing to appreciate that part of a gardas performance which management do look at is the fcpn and summons rate returns issued or applied for by that garda


  • Registered Users, Registered Users 2 Posts: 5,520 ✭✭✭mikeecho


    McCrack wrote: »
    Youre failing to appreciate that part of a gardas performance which management do look at is the fcpn and summons rate returns issued or applied for by that garda

    Tell me more.. what quota's are required.

    Because I'm not aware of any.

    There is no performance evaluation in AGS, it's just not possible

    Some do more indoor duties than others. Is there a a number of tickets / summons / charge sheets to be issued per day/ month for those on outdoor duties.

    What happens if a Garda that is tied up all day with a sudden death, or stuck in court for half the week . Is their bonus reduced. Oh no. They don't get a performance related bonus.

    Maybe it's the end of the month, and they need to get their tickets in... No. They work on a 4 & 10 week roster (it's complicated) so their end of the month/,roster isn't the end of a calender month.


    Stop talking bull.. go back to the bar stool.


  • Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭McCrack


    If someone is in traffic and they have consistently low detections its going to get noticed


  • Registered Users, Registered Users 2 Posts: 5,520 ✭✭✭mikeecho


    McCrack wrote: »
    If someone is in traffic and they have consistently low detections its going to get noticed

    But what if they spent half the roster on oversize convoy escorts for wind farms.
    What if there is an overall complence locally for speed
    What if. , what then.... Where does the qouta kick in


    Back to your bar stoll.

    You haven't a clue what you're talking about .

    Stop embarrassing yourself.


  • Registered Users, Registered Users 2 Posts: 7,531 ✭✭✭bladespin


    Much if a muchness, there are many metrology manufacturers who operate their own fully accredited labs, their calibration will be as good as any accredited lab.
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  • Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭McCrack


    Ive never mentioned quotas which you seem fixated on

    Quotas don't exist


  • Registered Users, Registered Users 2 Posts: 5,520 ✭✭✭mikeecho


    McCrack wrote: »
    Ive never mentioned quotas which you seem fixated on

    Quotas don't exist

    Riva10 mentioned quota's.. not you.. apologies .

    You're correct. Quotas don't exist


  • Registered Users, Registered Users 2 Posts: 3,499 ✭✭✭Interslice


    source wrote: »
    Apologies for dragging up an old thread but noticed picture of a speed gun on twitter this morning with the calibration sticker showing. It's calibrated by the supplier of the device.

    If that is the case theyre accurately calibrated. Now im wondering how often, to what tolerance and how much they drift between cals. They look like they get banged about. Are they sent back if theyre dropped? There is no calibration date on that sticker which is odd.

    Id imagine all these things will need to be addressed or transparent if Ross is bringing in this new points/fines system.


  • Registered Users, Registered Users 2 Posts: 5,520 ✭✭✭mikeecho


    Interslice wrote: »
    If that is the case theyre accurately calibrated. Now im wondering how often, to what tolerance and how much they drift between cals. They look like they get banged about. Are they sent back if theyre dropped? There is no calibration date on that sticker which is odd.

    Id imagine all these things will need to be addressed or transparent if Ross is bringing in this new points/fines system.

    There is a calibration sticker on the device, and the cert is usually put into the box behind the foam padding .

    Yes they can be knocked and dropped, but they are designed for such usage and abuse. You're not dealing with an antique grand father clock., It's a robust piece of equipment, designed for knocks and bumps, rain and sun.


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  • Registered Users, Registered Users 2 Posts: 3,499 ✭✭✭Interslice


    mikeecho wrote: »
    There is a calibration sticker on the device, and the cert is usually put into the box behind the foam padding .

    Yes they can be knocked and dropped, but they are designed for such usage and abuse. You're not dealing with an antique grand father clock., It's a robust piece of equipment, designed for knocks and bumps, rain and sun.

    All seems fairly legit. Sounds like they wouldnt need much changes on the gardai end to bring this in. Should accurate to +/- 1 kph if used correctly.


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