January 8, 1999
FLAWED REGULATIONS DERAIL PHOTO RADAR!

VANCOUVER - A Kamloops court ruling will likely void all photo radar tickets
issued until the province can amend regulations.  Late yesterday, the court
threw out a photo radar ticket when the police officer testified that 
the photo radar unit, identical to those used throughout British Columbia, was a
model "PR100NZ", not "PR100" as the Motor Vehicle Act Regulations specify. 
Until the government can pass updated Regulations and change the certificates 
used by police officers, it is likely that the Crown will have no choice but to
stay charges on all disputed tickets issued before the changes can be made.

While such a discrepancy would normally be less significant, the courts have
ruled that when the Crown chooses to use short-cuts such as certificate
evidence, the law shall be read in favour of the accused.  Kamloops Justice of
the Peace Hughes cited the BC Supreme Court case R. v. Smith (January 28, 1998),
which states:

    "... a penal section such as [Motor Vehicle Act] s. 83.2 ["prosecution by
    certificate"], which is clearly a provision designed to circumvent the
    common law evidentiary rules and to assist the Crown in proving its case,
    should be strictly construed and, if ambiguous, interpreted in favour of the
    accused."

Section 41.01 of the Motor Vehicle Act Regulations states:

    "For the purpose of section 83.1 (8) of the Act, the AutoPatrol(r) (Speed
    Camera: Model #PR 100) is prescribed."

New Westminster lawyer Jacqueline Percival represented the accused, B & L
Security Ltd., a Vernon based company owned by ex-Delta police officer Bo
Goodrich.

SENSE Director of Research Michael Cain said today: "photo radar is a short-cut
through proper evidence gathering and fundamental Constitutional protections -
fortunately some safeguards still exist."  "Motorists who are victims of tickets
issued due to faulty hardware, software, or radar reflections, have little 
protection unless they can specifically recall driving by the van at or below
the speed limit."  "Meanwhile, public safety is poorly served because dangerous
drivers travelling at excessive speeds are all too frequently intoxicated,
unlicensed, or uninsured."

A copy of the transcript (R. v. B & L Security Ltd.) will be posted on the SENSE
web site (www.sense.bc.ca) when available.  SENSE (Safety by Education Not Speed
Enforcement) welcomes media enquiries on all issues concerning speed
enforcement.  Our web site is the world's largest on-line anti-photo radar
resource, and has news and information on the BC photo radar program, other
photo radar programs world-wide, and fighting tickets.

                            -----  30  -----