Technical Committee for Standards and Procedures for Traffic Control and Traffic Control Equipment. (TCSP)

The TCSP has prepared a document titled “Guidelines for prosecution with regard to speed and traffic light prosecutions” which details how, where, when and by whom speed measuring equipment may be used.

We have previously not circulated these out of misguided respect for what they are intended to achieve, however since the authorities have blatantly chosen to ignore them time and again you can now download them here. Although this is dated 2006, this is the latest approved version.

These guidelines are very clear and precise; however, rarely will you find entrapment offices sticking to them. Why should they? After all, the chances of getting caught violating them are so remote that they are almost dismissible.

How can you, as a motorist determine whether a trap set by these people was within the guidelines if they are so well hidden that you mostly only realise that you have been happy-snapped more than a month after the fact? Even if you know the guidelines laid down, how do you travel back in time and check that everything was in fact kosher?

Simple – you don’t!

Not that it would matter that much since the arrogance one encounters when you do spot them and ask them for documentation that they should have on them is incredible and doing so could seriously endanger you.

This having been said, there are a few easily points contained in these guidelines which you could bear in mind. They are quoted directly out of the TCSP Guidelines.

1. “The operator for purposes of these guidelines is a traffic officer appointed in terms of road traffic legislation.”
   
   
1. If you can stop and park safely, ask to see their identification/appointment card which appoints them as a Traffic Officer.
   
   
2. Individuals employed by private companies contracted by the relevant Municipality are not Peace Officers and are therefore not allowed to operate the SME (so much for contractors).
   
   
2. “The operator shall be in possession of an operator's certificate for the specific type of SME”.
   
   
1.  If you demand to see it, they have no right to refuse to show it to you.
   
   
2. If they don’t have one with them, they are acting in violation of the TCSP guidelines. As far as we are concerned, this document should be in its original form, not a photocopy. If I can’t get away with carrying a photocopy of my drivers’ license, what makes them any different? What’s good for the goose...
   
   
3. “An accredited laboratory shall calibrate all speed measuring equipment at least once every six months and issues a calibration certificate. Equipment that is outside the six months calibration period must be recalibrated before it may be used for prosecution purposes.”
   
   
1. The operator is not required to have the calibration certificate on site with them, but a calibration seal should be on the SME. Check the valid dates on it. The Municipality is however required to have the original calibration certificate at their premises.
   
   
2. Presumably, that little sticker in this picture is the calibration seal which is referred to in the TCSP guidelines when they say:
   
   “That maintenance and repair of equipment and accessories that will result in the calibration seal being broken, shall only be attended to by the manufacturer, distributor, or their appointed agent, in accordance with the SANS 1795 and the equipment shall be recalibrated thereafter.”
   
   It is a little difficult to comprehend how this sticker would be broken if the equipment were opened since it is not stuck on an opening section of the SME so maybe there is a real seal somewhere else. Also, there are two pieces to this SME, apart from the portable personal computer which is attached to it by a cable. Surely there should be a seal on each component of the SME, or am I being pedantic?
   
   
4. “No prosecution may be instituted where the speed measurement was taken within 300 metres of the commencement of the speed limit zone, except with permission from the Director of Public Prosecutions.”
   
   
1. Traps have been known to frequently be set up inside 300m of a speed change sign.
   
   
2. Please Note: The key word here is change. Don't be silly enough to think that this means they cannot trap within 300m of a speed sign. They can. They just can't do it where the speed limit has been decreased (or increased) within 300m.
   
   
3. This does, however apply to the reduction areas in the construction zones where the limit goes down to 60KM/h for a few hundred metres and then up to 80KM/h.
   
   
5. “When selecting a site for a speed measurement exercise, the operator must have a clear and uninterrupted view of the road and the vehicle measured for the duration of the measurement.”
   
   
1. Entrapment personnel often sit low to the ground when doing their deeds, with the result that they get a good snapshot of the metal or concrete road barrier and the ass end of your vehicle. In many cases, the road is all but invisible!
   
   
6. “The SME shall at all times whilst being operated be mounted on a firm and stable surface and if mounted in or on a vehicle, the vehicle must be stabilized before the SME is used.”
   
   
1. The manufacturers of these devilish devices provide a tripod for the SME to be mounted on; however, just because the SME is on a tripod doesn’t mean that the SME itself is stable.

1. If the tripod is on bush grass, the chances that it is stable are remote.
2. If the SME can move up or down, it is not stable.
3. If the SME can move left or right, it is not stable.
4. If the SME is in or on a van or car, it is not stable.

2. SME being used to trap in both approaching and receding directions cannot possibly be stable as one has to ask how the crosshair aim gets in the right place.
   
   
3. If the SME is mounted on a vehicle then that vehicle would need to have stabilisers like can be seen on a movable crane or there is no way it could be classified as stable.  When last did you see a Golf or Polo Van (firm favourites for these exercises), or a marked Metro Police vehicle with stabiliser arms on it? Crane’s, trucks, maybe but definitely not the rest.

In the interests of clarifying what sabilization means, perhaps the picture on the left will clarify things. (Maybe this should become part of the operator training manual.)

NOTE: If you ever stop to inspect any of these items, do not stand in front of their persecution equipment or they will have grounds to arrest you for "defeating the ends of justice" or "obstructing a 'police officer' in the execution of their duty". Also, make sure you are not violating the law by stopping.

Do not give them justifiable reasons to arrest you or they will not hesitate to do so. These guys are not there to be your friend or protector. Remember- you are the enemy.

Whilst there are loads more guidelines, we don’t want to bore you with the details. These are easy to remember.

So now you know the in's and out's of how speed enforcement is practiced in South Africa, perhaps you should get to grips with what AARTO means and how it affects you.