Date lodged: 31 May 2017
To ask the Scottish Government what (a) legislation, (b) regulations and (c) guidance there is regarding the purpose and use of fixed speed cameras; under what circumstances and for what reasons they are installed, and what consultation it has with community groups regarding their location and installation.
Answered by: Humza Yousaf 14 June 2017
The legislation and regulations regarding the use of fixed speed cameras is covered by the Road Traffic Offenders’ Act 1988 (amended by the Road Traffic Act 1991). This legislation allows for the evidence from equipment that is awarded Home Office Type Approval for devices to be used for the detection of the speed of motor vehicles to be admissible in court by way of certification of the record in accordance with Section 20 of the Road Traffic Offenders’ Act 1988, Speeding Offences etc: admissibility of certain evidence. The Scottish Safety Camera Programme uses a variety of fixed, mobile and average speed safety camera types to detect speeding vehicles. All cameras are Home Office Type Approved and calibrated on a regular basis.
The purpose and use of fixed speed cameras is provided in the Scottish Safety Camera Programme Handbook of Rules and Guidance (the “Handbook”) (https://www.transport.gov.scot/media/4798/scottish-safety-camera-programme-handbook2.pdf ). This sets out the rules and guidance to enable the Scottish Safety Camera Programme (the “Programme”) to contribute to Scotland’s road safety targets, and to which the Programme must operate. It is intended primarily for staff in the Area Safety Camera Offices and road safety practitioners in the Road Authorities to assist in the identification of safety camera sites and the provision of funding for their operations and activity as part of the Programme.
Consultation with community groups, local governance and scrutiny of Programme activity and operations is realised through existing Community Planning structures, associated Community Safety Partnerships, or other relevant bodies (e.g. Local Authority-led Road Safety Forums) as agreed at a local level with partners in the Local Authority area.