South Australia Police (SAPOL) has temporarily withdrawn hand-held speed detection analysers, commonly called Lidar, from use as a result of a legal issue applicable to court prosecutions.
After court decisions regarding the Lidar devices, which were issued earlier this year, SAPOL has consulted widely about how to resolve the complex legal issues.
This consultation covered the legal issues and options, examined practical options in the short term, and examined the best long-term solution for both SAPOL and the community with regard to road safety.
This has led to the decision by SAPOL, announced today, to withdraw the Lidar devices from use, until legislation can be amended to resolve the legal issues with regard to the evidentiary certificates, which is a problem created by the way the legislation is currently expressed.
SAPOL has no reason to question the accuracy of the laser devices, Officer in Charge, Prosecution Services Branch Superintendent Stuart McLean said today, with the court judgment relating specifically to evidentiary practices in prosecuting Lidar offences.
As a result of the decision, and to ensure transparency, police will withdraw 125 prosecutions which are currently before the courts.
Any person who has been issued with an expiation notice from a police officer who they believe was using a Lidar device; and have not paid that notice as yet, can apply for a review and this will be considered on a case-by-case basis as per the normal process of review.
While the Lidar devices will not be used to enforce speeding offences until the legal situation is resolved, other options are available to ensure SAPOL continues its road safety focus.
Motorist would be unwise to think this decision creates any gap in our attention to road safety, or shortfall in enforcement, Superintendent McLean said.
Until today there have been a number of Lidar devices in operation at any one time across the state which will be temporarily removed from service.
However we will continue to use other well established speed detection options - hand-held radar devices, plus fixed and mobile speed cameras.
SAPOL has chosen this course of action after very carefully considering a range of options to ensure transparency around this issue.
If any person wishes to make an enquiry with respect to their expiation notice, they are asked to please not call 131 444.
If the expiation notice was issued to by a police officer as a result of using a Lidar device please email the notice number and contact details to the following email address:
lidarenquiries@police.sa.gov.au
Or write to SAPOL addressing the request to Expiation Notice Branch, GPO Box 2029, Adelaide, SA 5001
NOTE:
SAPOL have been using two Lidar speed detection devices:
1. LTI 20/20 TruSpeed LR
2. UltraLyte
Each device is a different model, produced by the same manufacturer, and both have been temporarily withdrawn from use.
Speeding fines which have been issued as a result of detection by a static speed camera, a hand-held radar device or red light camera, are not impacted by this decision.
Anyone who is in receipt of an infringement notice should ensure they read the options which are printed on it, and take further legal advice if required.
....................
I am wondering if this will apply to other state jurisdictions.
-- Edited by Dickodownunder on Thursday 29th of November 2018 05:00:13 PM
This is a post from SAPOL on Facebook.
.......................
South Australia Police (SAPOL) has temporarily withdrawn hand-held speed detection analysers, commonly called Lidar, from use as a result of a legal issue applicable to court prosecutions.
After court decisions regarding the Lidar devices, which were issued earlier this year, SAPOL has consulted widely about how to resolve the complex legal issues.
This consultation covered the legal issues and options, examined practical options in the short term, and examined the best long-term solution for both SAPOL and the community with regard to road safety.
This has led to the decision by SAPOL, announced today, to withdraw the Lidar devices from use, until legislation can be amended to resolve the legal issues with regard to the evidentiary certificates, which is a problem created by the way the legislation is currently expressed.
SAPOL has no reason to question the accuracy of the laser devices, Officer in Charge, Prosecution Services Branch Superintendent Stuart McLean said today, with the court judgment relating specifically to evidentiary practices in prosecuting Lidar offences.
As a result of the decision, and to ensure transparency, police will withdraw 125 prosecutions which are currently before the courts.
Any person who has been issued with an expiation notice from a police officer who they believe was using a Lidar device; and have not paid that notice as yet, can apply for a review and this will be considered on a case-by-case basis as per the normal process of review.
While the Lidar devices will not be used to enforce speeding offences until the legal situation is resolved, other options are available to ensure SAPOL continues its road safety focus.
Motorist would be unwise to think this decision creates any gap in our attention to road safety, or shortfall in enforcement, Superintendent McLean said.
Until today there have been a number of Lidar devices in operation at any one time across the state which will be temporarily removed from service.
However we will continue to use other well established speed detection options - hand-held radar devices, plus fixed and mobile speed cameras.
SAPOL has chosen this course of action after very carefully considering a range of options to ensure transparency around this issue.
If any person wishes to make an enquiry with respect to their expiation notice, they are asked to please not call 131 444.
If the expiation notice was issued to by a police officer as a result of using a Lidar device please email the notice number and contact details to the following email address:
lidarenquiries@police.sa.gov.au
Or write to SAPOL addressing the request to Expiation Notice Branch, GPO Box 2029, Adelaide, SA 5001
NOTE:
SAPOL have been using two Lidar speed detection devices:
1. LTI 20/20 TruSpeed LR
2. UltraLyte
Each device is a different model, produced by the same manufacturer, and both have been temporarily withdrawn from use.
Speeding fines which have been issued as a result of detection by a static speed camera, a hand-held radar device or red light camera, are not impacted by this decision.
Anyone who is in receipt of an infringement notice should ensure they read the options which are printed on it, and take further legal advice if required.
....................
I am wondering if this will apply to other state jurisdictions.
-- Edited by Dickodownunder on Thursday 29th of November 2018 05:00:13 PM