TCSP Guidelines
What Are The TCSP Guidelines?
There is a document prepared according to the TCSP guidelines which outlines all the details and aspects of the speed measuring equipment ,and the use of this equipment. The document has the title “Guidelines for prosecution with regard to speed and traffic light prosecutions”, and it outlines all the specifications that need to be used for traffic control equipment, so that traffic enforcement efforts are valid and legal.
The TCSP guidelines give guidance about the how, when, where, and who of traffic equipment, and these guidelines must be followed exactly for any entrapment or enforcement to be legal when traffic and speed measuring equipment is used.
TCSP Guidelines And Traffic Enforcement
The TCSP guidelines are extremely clear, but this does not mean that most traffic entrapment officers follow these guidelines. This is because the chance of the officer getting caught, or in trouble, for violating these rules and laws in this area is so small that it never happens.
It is very difficult for a motorist to determine whether the TCSP guidelines were followed during a traffic or speed trap. If the trap is not noticed immediately, and the motorist only becomes aware of the trap a month later when the infringement notice is sent along with the picture, it is not possible to go back in time and verify all the details and specifics.
If the motorist does spot the trap and asks for the documentation required, they will be exposed to the arrogance, and possibly violent actions, of the entrapment officers. This could be a serious hazard to the health of the motorist.
Ways The TCSP Guidelines Can Help The Motorist Instead Of The Traffic Officer
The TCSP guidelines have some points that can be used to fight entrapment tickets that are not completely valid. These are guidelines put into place to ensure traffic enforcement efforts are done properly and legally. The following points are specifically stated in the TCSP guidelines and must be followed, otherwise the traffic enforcement may be dismissed.
1. “The operator for purposes of these guidelines is a traffic officer appointed in terms of road traffic legislation.”
A) If possible pull over and park, doing so in a safe manner. Ask the officer to see the identification or appointment verification that identifies them as a traffic officer, according to the TCSP guidelines.
B) Any employee of a private company that is under contract to the relevant municipal entity is not considered a traffic officer, because they are not peace officers at all but private employees. These individuals are not allowed to operate speed enforcement cameras, whether they are a contractor to the municipal entity or not.
2. “The operator shall be in possession of an operator's certificate for the specific type of SME”.
A) If the motorist demands to see the operator's certificate, the traffic officer does not have the right to refuse, and must present the certificate to the motorist.
B) If the officer does not have this certificate available it is a a violation of the TCSP guidelines. The document should be an original and not a photocopy, because this is the law concerning drivers licenses and identifications and should apply to operator's certificates as well.
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 calibrated again before it may be used for prosecution purposes.”
A) The traffic officer does not have to carry a calibration certificate or to have it on site. There must be a calibration seal on the speed monitoring equipment though. Look at the dates on this seal to ensure that the date is within the valid
dates listed. The municipal entity is legally required to keep the original copy of the calibration certificate on the premises though, and if this is not done then all the tickets issued may be contested as invalid.
4. “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.”
A) Look at the calibration sticker, and note the location of it. Look for any evidence that the seal has been broken, or that the seal is in a place that would allow tampering with the equipment without causing calibration seal damage. If either condition is present than the TCSP guidelines are not being followed.
5. “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.”
A) Look at the distance between the speed change sign and the trap. If it is three hundred meters or less, then the enforcement does not follow TCSP guidelines.
B) The TCSP guidelines state that the trap can not be within the specified distance of a speed change sign, and not just any speed limit sign. The speed limit must increase or decrease, not just be stated on the sign.
C) An exception to this rule is in construction zones where the speed may be reduced for a short distance and then increased again. Speed traps in these areas are valid.
6. “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.”
A) Look at the picture and determine if the road is invisible. Most of the time the traffic officer is very low, close to the ground, to avoid detection by motorists. In these cases the picture will not show the road.
7. “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.”
A) SME equipment manufacturers normally provide a mounting tripod for stability, but this does not always work. If the tripod is on grass or brush, if it can move in any direction, or if it is mounted in or on a vehicle then the chances are the SME equipment is not stable. This would go against the TCSP guidelines.
B) If the SMP equipment is being utilized to catch speeds in both directions, stability is not possible because movement is needed to get the crosshair aim of the equipment positioned.
C) According to the TCSP guidelines, if a vehicle is used for SME equipment it must be completely stable. Without using stabilizing arms or other equipment no car, truck, or van would be completely stable.
Important Points And Notes About TCSP Guidelines
Any motorist who stops to inspect the SME equipment or operator, to ensure that the trap follows TCSP guidelines, should use caution. Make sure to pull over and park safely and legally. Never stand in front of the equipment or block the view of the equipment operator, or you may be arrested for obstructing an officer or defeating the ends of justice. Never put yourself in the position of giving the officer a reasonable cause to arrest you, because they will.
There is a document prepared according to the TCSP guidelines which outlines all the details and aspects of the speed measuring equipment ,and the use of this equipment. The document has the title “Guidelines for prosecution with regard to speed and traffic light prosecutions”, and it outlines all the specifications that need to be used for traffic control equipment, so that traffic enforcement efforts are valid and legal.
The TCSP guidelines give guidance about the how, when, where, and who of traffic equipment, and these guidelines must be followed exactly for any entrapment or enforcement to be legal when traffic and speed measuring equipment is used.
TCSP Guidelines And Traffic Enforcement
The TCSP guidelines are extremely clear, but this does not mean that most traffic entrapment officers follow these guidelines. This is because the chance of the officer getting caught, or in trouble, for violating these rules and laws in this area is so small that it never happens.
It is very difficult for a motorist to determine whether the TCSP guidelines were followed during a traffic or speed trap. If the trap is not noticed immediately, and the motorist only becomes aware of the trap a month later when the infringement notice is sent along with the picture, it is not possible to go back in time and verify all the details and specifics.
If the motorist does spot the trap and asks for the documentation required, they will be exposed to the arrogance, and possibly violent actions, of the entrapment officers. This could be a serious hazard to the health of the motorist.
Ways The TCSP Guidelines Can Help The Motorist Instead Of The Traffic Officer
The TCSP guidelines have some points that can be used to fight entrapment tickets that are not completely valid. These are guidelines put into place to ensure traffic enforcement efforts are done properly and legally. The following points are specifically stated in the TCSP guidelines and must be followed, otherwise the traffic enforcement may be dismissed.
1. “The operator for purposes of these guidelines is a traffic officer appointed in terms of road traffic legislation.”
A) If possible pull over and park, doing so in a safe manner. Ask the officer to see the identification or appointment verification that identifies them as a traffic officer, according to the TCSP guidelines.
B) Any employee of a private company that is under contract to the relevant municipal entity is not considered a traffic officer, because they are not peace officers at all but private employees. These individuals are not allowed to operate speed enforcement cameras, whether they are a contractor to the municipal entity or not.
2. “The operator shall be in possession of an operator's certificate for the specific type of SME”.
A) If the motorist demands to see the operator's certificate, the traffic officer does not have the right to refuse, and must present the certificate to the motorist.
B) If the officer does not have this certificate available it is a a violation of the TCSP guidelines. The document should be an original and not a photocopy, because this is the law concerning drivers licenses and identifications and should apply to operator's certificates as well.
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 calibrated again before it may be used for prosecution purposes.”
A) The traffic officer does not have to carry a calibration certificate or to have it on site. There must be a calibration seal on the speed monitoring equipment though. Look at the dates on this seal to ensure that the date is within the valid
dates listed. The municipal entity is legally required to keep the original copy of the calibration certificate on the premises though, and if this is not done then all the tickets issued may be contested as invalid.
4. “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.”
A) Look at the calibration sticker, and note the location of it. Look for any evidence that the seal has been broken, or that the seal is in a place that would allow tampering with the equipment without causing calibration seal damage. If either condition is present than the TCSP guidelines are not being followed.
5. “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.”
A) Look at the distance between the speed change sign and the trap. If it is three hundred meters or less, then the enforcement does not follow TCSP guidelines.
B) The TCSP guidelines state that the trap can not be within the specified distance of a speed change sign, and not just any speed limit sign. The speed limit must increase or decrease, not just be stated on the sign.
C) An exception to this rule is in construction zones where the speed may be reduced for a short distance and then increased again. Speed traps in these areas are valid.
6. “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.”
A) Look at the picture and determine if the road is invisible. Most of the time the traffic officer is very low, close to the ground, to avoid detection by motorists. In these cases the picture will not show the road.
7. “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.”
A) SME equipment manufacturers normally provide a mounting tripod for stability, but this does not always work. If the tripod is on grass or brush, if it can move in any direction, or if it is mounted in or on a vehicle then the chances are the SME equipment is not stable. This would go against the TCSP guidelines.
B) If the SMP equipment is being utilized to catch speeds in both directions, stability is not possible because movement is needed to get the crosshair aim of the equipment positioned.
C) According to the TCSP guidelines, if a vehicle is used for SME equipment it must be completely stable. Without using stabilizing arms or other equipment no car, truck, or van would be completely stable.
Important Points And Notes About TCSP Guidelines
Any motorist who stops to inspect the SME equipment or operator, to ensure that the trap follows TCSP guidelines, should use caution. Make sure to pull over and park safely and legally. Never stand in front of the equipment or block the view of the equipment operator, or you may be arrested for obstructing an officer or defeating the ends of justice. Never put yourself in the position of giving the officer a reasonable cause to arrest you, because they will.
