SPEED GUN FAULT RAISES DOUBT OVER MANY CASES

[fiefster]

In todays Press & Journal, Mr MacGregor is a fortunate man!

Press & Journal

SPEED GUN FAULT RAISES DOUBT OVER MANY CASES

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SUE RESTAN

09:00 - 16 February 2005

Thousands of motoring convictions throughout Scotland could be unsafe after a speed gun was found to be inaccurate, a solicitor has warned.

Campaigners have called for speed guns to be withdrawn from use after a Highland motorist clocked at 132mph in a 70mph speed limit was cleared when it was shown his car was incapable of travelling faster than 107mph.

His solicitor last night claimed the verdict showed the hand-held ProLaser III device, previously thought to be one of the most effective ways of measuring vehicle speed, could not be trusted.

James MacGregor, 34, a pipe-layer, of Cruachan, Dalcross, Inverness, was charged with driving dangerously at 132mph in the 70mph limit on the A9 at Daviot on August 6 last year.

Mr MacGregor pleaded not guilty and the matter went to trial at Inverness Sheriff Court.

Two experienced traffic officers told the court Mr MacGregor was stopped after being clocked from a distance of almost 2,000ft at around 9.45pm. They said the road was dry and it had been getting dark.

They said the ProLaser III had been operated correctly and confirmed Mr MacGregor's car had been the only vehicle travelling north on the dual carriageway at the time.

But the court heard that Mr MacGregor's Subaru Impreza WRX was a "grey import" from Japan and was therefore fitted with an electronic speed limiter - a legal requirement in its country of origin.

The court was told that although cars of this type were usually capable of high speeds and were often used for rallying, this one was not because it had been built for the Japanese market.

Gavin Wallace, of Wallace Per4mance, Murcar Commercial Park, Bridge of Don, Aberdeen, said he had tested the car on a rolling road and found it had a maximum speed of 107mph.

Asked whether the limiter could have been tampered with after Mr MacGregor was stopped and before the vehicle was tested by him, he said no.

Sheriff Alexander Pollock found the case not proven.

David Hingston, who represented Mr MacGregor, yesterday said: "This is a machine which is used throughout the UK. This laser gun is considered to be better than radar in that it is supposed to be much more accurate, much faster and capable of being used at much greater distances.

"It is not only used as a hand-held device, it is also fitted in some of the mobile units."

He said the laser gun used on his client's car had been proved to be inaccurate.

"This has huge implications throughout Scotland and the whole of the UK," said Mr Hingston. "In this case, we had a reading of 132mph from a vehicle that is not capable of doing 132mph. We have proved that this so-called 100% accurate machine is unreliable.

"Everybody being stopped as a result of a ProLaser reading should now be pleading not guilty."

He added that he thought it unlikely previous cases based on the device would be reviewed, but said the convictions could be unsafe.

Paul Smith, of the web-based Safe Speed road safety campaign at www.safespeed.org.uk, said: "We have long been worried about the quality of evidence gathered by both the ProLaser III and the LTI 20/20 laser speed meters.

"This case proves beyond doubt that a laser speed meter gathered faulty evidence. We must cease all use of these devices to prosecute motorists until such time as the errors can be fully explained and confidence restored.

"It is a very serious matter and we cannot assume that this case represents a single isolated incident. Not only are livelihoods at stake, but the public must be able to have absolute confidence in the police and their equipment."

Neil Greig, head of policy for the AA Motoring Trust in Scotland, said: "We would seek urgent reassurance from the police that they have tested this equipment and that they are 100% satisfied that it is accurate. We need to know if this was a one-off."

He said it did not automatically negate any other conviction. "It is up to any court to accept evidence put before it," said Mr Greig.

Road policing inspector for Northern Constabulary John Smith said: "The ProLaser is a type approved device, which is tested on a regular basis on calibrated speedometers in police vehicles.

"Any variance in the speeds recorded would be reported to the manufacturer immediately."

The Association of Chief Police Officers in Scotland (Acpos) and the Crown Office were not available for comment last night.

In a similar case in August last year at Pontefract Magistrates Court in West Yorkshire, Steve Lucas, 20, of St Helens, Merseyside, was charged with driving his 1.2-litre Fiat Punto at 115mph on the M62. The charge was dropped after expert evidence showed that the car had a top speed of 104mph.

[MY94]

The guy in the Fiat clearly took all his mods off after he was caught.

The only thing restricting my JDM top speed is the gearbox!!But I guess getting caught at that speed it's worth taking off your mods and re-restricting the car................

Only my opinion as to what may or may not have happened.

[RS Grant]

<< The guy in the Fiat clearly took all his mods off after he was caught.

The only thing restricting my JDM top speed is the gearbox!!But I guess getting caught at that speed it's worth taking off your mods and re-restricting the car................

Only my opinion as to what may or may not have happened. >>

That would be my opinion as well mate...

[wonder mode] Could I disguise my reddish blue UK wagon as a Jap Import?! [/wonder mode]

Cheers,

Grant

[MY94]

Did anyone else just c this on the BBC news,the footage showed the police with a laser gun as several Scooby's went past............LMAO

[jamie_wood]

Just do the speed limit

Then theres no hassle from the Plod, and we dont all get branded with the idiot iron.

how old do I sound!!!

[Edinburgh-Chris]

This guy has got away with murder.....

My japanese import STI2 can do speeds of over 112mph. The only thing that you do to change the speed output is change the mechanical speed cable gear which i hear is a 30min job.

If this things becomes big, people like myself in a jap origin car are going to feel a stronger presence with the law.

Good idea though, except Wallace performace must have checked his car right after he was caught. Anyone with mechanical knowledge of their Scooby could go home and revert back to the original gearing set up within 1hour.

No doubt the more techincal guys who do it for a living will anwer to this but the simplistic view is he DID change the car back.

Just as a question to the masses: Is it not illegal to have a car on british road which reads in KPH. i know you will not pass a ESVA in this situation.

Chris

[coulty]

Nope not illegal at all.

You can import a 10 year old (has to be 10 years or older to bypass ESVA) wrx and keep it in kph as long as passes its MOT.

I also have an sti 2. You don't have to change the mechanical converter....just get a scoobyecu and it will plug in and out and bypass the limiter

Stuart