Until January 1998 the use of devices to detect
police speed enforcement equipment was considered to be illegal
in England, Scotland and Wales under Section 5(b)(i) of the
Wireless Telegraphy Act 1949. However, a judgement by the
Queen's Bench Divisional Court found that the Act did not
specifically preclude their use. The Government believes that
the sole purpose of detection devices is to allow the drivers
that intend to speed do so with impunity. It is their aim
to reinstate a prohibition of the use of such devices.
During 1999 there were 3,423 people killed and
over 320,000 injured on our roads. The Government has set
a target of a 40% reduction of deaths and serious injuries
by 2010. Research suggests that around one third of these
accidents have vehicle speed as a major contributory factor.
If the target is to be met, effective speed management will
clearly have a major role.
The Speed Policy Review and the Government's
Road Safety Strategy set out comprehensive range of policies
for managing vehicle speeds. These include engineering measures,
as well as publicity and education. However, for those that
refuse to comply with speed limits, enforcement will play
a part - indeed enforcement has been shown to reduce markedly
both vehicle speeds and accidents.
Two draft Statutory Instruments (SIs) have been
prepared to prohibit the use of detection devices. Secondary
legislation is being used as this provides the most rapid
means of creating an offence. In choosing this option some
limitations have to be accepted. For example, making SIs under
existing powers prevents the setting of penalties specific
to a new offence. The penalties that would apply are those
already set out under the Act in question.
The first SI, The Road Vehicles (Construction
and Use)(Amendment) Regulations, would be made under section
41(1) of the Road Traffic Act 1988. This would create an offence
of using detection devices in a motor vehicle. The offence
would attract either a fixed penalty notice (currently £60)
with a three point licence endorsement, or a Court can impose
a fine up to £1000 with a three to six point licence endorsement.
The second SI, The Wireless Telegraphy Apparatus
(Receivers)(Exemption)(Amendment) Regulations, would be made
under powers in section 1 of the Wireless Telegraphy Act 1949.
This would make it an offence to install or use these devices
without a licence. The maximum penalty for this offence would
be £5,000 in a Magistrates' Court.
If there is a successful conclusion to the consultation
exercise, the SIs will create legislation that will apply
in England, Scotland and Wales.
We would welcome comments on the draft SIs,
particularly on their scope and the penalties which they would
attract. The deadline for comments is 30 March 2001.
Additional copies of this consultation document
can be obtained from Ian Edwards, Road Safety, DETR, 2/13
Great Minster House, 76 Marsham Street, London, SW1P 4DR (Tel:
020 7944 2058).
