Human Rights and Speed Enforcement

How dare drivers drive faster than the speed limit! What right do they have to endanger the lives of me, my family and friends? Why aren't all cars fitted with Speed Limitation Devices, by law? Why aren't all speed hidden or covert?

As Slowerderbyshire (via Independent, via Facebook) says:-

"Current government, police and council policies regarding the setting of speed limits and their subsequent enforcement contravene the Human Rights Act, 1998. The articles being contravened include the following: 

• Article 2 “right to life” 

• Article 3 “prohibition of torture and inhuman treatment” 

• Protocol 1, Article 1 “peaceful enjoyment of possessions”

In 2004 the Department of Transport stated:

• The government expects all drivers to observe all speed limits on all roads at all times (except for emergency vehicles)

The government permits the police the routine use of covert speed cameras to catch drivers speeding “excessively”

The handbook for Safety Camera Partnerships states: 

• All cameras must be highly visible (rule 5) 

• Fixed/mobile cameras may only be used at a site with a significant killed/seriously injured record (rule 7) 

So government guidelines for safety camera placement require a disproportionate number of deaths or serious injuries before a camera may be deployed! The visibility guidelines along with the requirement for a high number of deaths/serious injuries mean that Safety Camera Partnerships are effectively prevented from enforcing the limits to the maximum of their ability. 

The guidelines also require that drivers be warned of speed enforcement well in advance of the cameras and that the cameras be highly visible. Research shows that the number of accidents in the immediate vicinity of the cameras has decreased. This decrease has not been statistically significant away from the immediate vicinity of the cameras. Research shows that most drivers just slow down in the immediate vicinity of the cameras and then speed up to their normal driving speed away from the cameras.

Highly visible enforcement strategies act to remind road users that enforcement is present and potentially increases both the actual and the perceived risk of detection. Non-visible enforcement acts to increase road user's sense of uncertainty and to prevent them from adapting their speeding behaviour at specific times and locations when speeding enforcement is clearly being carried out.

6 Recommendations

The rules governing Safety Camera Partnerships should be enhanced to permit the following: 

• Permitted to use safety cameras both covertly as well as overtly. 

• The only requirement for speed enforcement should be a history of speeding at the location in question. 

• Time average speed cameras to be used in preference to highly visible localized spot cameras. 

• Permit the use of 30mph repeater signs where appropriate/effective e.g. on a main road through a village