Big Brother Cameras Enforce MORE driver fines

More Fines for Bus lane drivers

An interesting article on the  STV website today..

Motorists in Glasgow, Edinburgh and Aberdeen could face fixed penalties of £60 later this year after the Scottish Government approved plans to fine drivers who go through bus lanes

Big brother will be watching as it looks like the camera companies have managed to persuade our elected representatives that we need, even more watching. Measures will be enforced by a series of cameras which will be installed along major bus routes in the cities.

Many of us are all too aware that Glasgow and Edinburgh have already installed cameras on their main bus roads – STV reported that ten have been set up in Edinburgh’s city centre and key routes out of the city and 12 have been put in place in Glasgow.

If you feel strongly about it then you should contact your local Councillor as they  will need to plan exactly how the scheme will work in each city and seek the final approval from local councillors and then the Scottish Government before enforcement can begin later this year.

My own concern is that if we de criminalise this then how will the driver have a right of appeal and how will this be funded. I assume they envisage something similar to the parking fines appeals procedure controlled by a civil authority and NOT the courts. I do not consider that courts should be clogged with such offences, especially since no points will be attributed to this type of driving but due consideration requires to be given to the fairness and cost of a review system.

A Glasgow City Council report written in 2012 estimated that as much as £250,000 could be earned in the first year from the scheme. I am sure that we all would like to see real transparency in the subsequent spending of this new found money. How much is raised and where has it gone? Has it fallen down a black hole of operting costs for camera company etc etc

Council bosses claim that they plan to reinvest the money into city transport infrastructure.

The cameras will take a note of the number plates on all the vehicles which drive on bus lanes and a computer will confirm whether the plates are registered to buses, taxis or emergency vehicles.

Another camera will record a video of the incident which will be checked manually before a fine is actually issued.

Edinburgh transport convenor Gordon Mackenzie welcomed the new laws. Speaking to the Herald, he said: “Illegal use of these lanes can cause unnecessary delays to bus journeys and accidents but once these cameras are up and running I’m hopeful we will see a sizeable reduction in these problems.”

Under the old system, only the Police could enforce bus lane regulations by issuing a £30 fine after a local order has been passed by the council.

The exact level of the fines is still to be decided, however it is understood that a fine similar to the £60 fixed penalty notice for parking is being considered.

Police Stations Procedures for Requests for Blood or Urine Samples in Drink Driving Cases

Sections 7, 8 and 9 of the Road Traffic Act 1988 provides the procedure which must be followed by the police when samples of blood/urine are taken.

The admissibility of those specimens as evidence against a motorist depends upon the procedures being followed correctly. We always seek the 4:8:1 form that should be a record of the procedures followed and often therefore acts as the cornerstone of our cross examination in such cases. We will also seek sight of the EC/IR intoximeter log to ensure that it was working properly on the day of the given sample.

As a suspected drink driver you have a legal obligation to provide a laboratory sample when one of the four reasons set out at section 7(3) occurs. BUT before such a sample is taken the driver needs to be provided with certain information by the police:

• he has to tell the motorist the reason under terms of s.7(3) why breath specimens cannot be taken or used in this matter;
• he should tell the driver that in those circumstances he is required to give a sample of blood or urine, but that the officer will decide which. Many drivers believe that they have the choice but this is wrong, the choice is with the police officer dealing with the case.
• he must warn the driver that a failure to provide the sample required may result in prosecution;
• and if he has asked for a sample of blood,
• he should ask the driver if there is any medical reason why a specimen cannot or should not be taken by a doctor.

When, in the circumstances set out at section 8(2), a driver may choose to replace a breath specimen by supplying a laboratory sample,

The officer should inform the driver of the nature of the option open to him and what will be involved if he exercises it;

• he must inform the driver that the specimen of breath which he has given containing the lower proportion of alcohol exceeds the statutory limit; but does not exceed 50 microgrammes of alcohol in 100 millilitres of breath;
• he should inform the driver that in the circumstances he is entitled to claim to have this specimen replaced by a specimen of blood or urine if he wishes; We have heard countless tales of drivers claiming that the police officer told them not to bother as it would serve no real benefit to them this is rubbish, you should, where the opportunity arises ask for a blood sample to be provided. If there are medical reason why you cannot give blood then make sure that these reasons are stated and recorded.
• The police officer should ask the driver if there are any medical reasons why a sample of blood cannot or should not be taken. Having read the above if you think the procedures for you were any different then get in touch and we may be able to win your case and save your driving licence.