Getting a speed camera fine in the mail is not a pleasant feeling for anyone. In accordance with the law, anyone who was flashed by a speed camera should be sent a copy of the report within 14 days of the violation being determined.
So there is a good reason why you receive a speeding ticket shortly after the violation. But once you receive that speeding fine, how do you know whether it is valid and you should pay it? We give you an idea of what to look out for:
Timely transmission of the official report and audit
In accordance with Art. 62 Police Road Traffic Act, a determination of the result of an automatic operating device has evidence to the contrary insofar as a copy of the official report was sent to the offender within 14 days of the determination. That is, the presumption of innocence in these cases does not apply insofar as the determination was sent in a timely manner. You will normally always find the date of mailing on the initial official report.
If the copy of the record was sent late, the special probative value is forfeited. However, this does not mean that all probative or evidentiary value lapses. Thus, the late sending in itself is not sufficient to contest the flash fine. It may, however, play a role in conjunction with other factors.
Was the official report sent on time? Then the official report may have evidence to the contrary, but of course it must still concern a regular determination.
Always check that you were really driving there when you were caught. Mistakes can always happen, like when writing down the license plate. So be critical!
Calibration of the automatic operating device
To ensure proper operation of the device, each automatic operating device must have a model approval, be calibrated and recalibrated in a timely manner to ensure proper operation. The official report you receive normally includes the calibration date of the device. Therefore, always note the device calibration date when you receive a police report.
Correct setup of the device in accordance with the manual
Very important for the validity of a flash fine is the way the flash camera was set up. Indeed, each type of flash camera must be set up and aligned in accordance with the Royal Decree of October 12, 2010 on approval, calibration and installation in accordance with the manual prepared by the manufacturer in order to obtain a good result.
Indeed, if the manual is not followed, the result cannot be guaranteed and the validity of the measurement is compromised.
However, verifying validity is specialist work and requires a thorough review of the file. So if you are left with questions about whether a measurement is correct, contact an attorney.
Do you have questions about your speed camera fine or think you were wrongly issued a speed camera fine? Contact us without obligation.
After all, contesting a traffic violation in court is often covered by your legal expenses insurer.
Mr. Bart De Decker
