CCTV Automatic Contravention Detection
Dear Vehicle Certification Agency,
The latest Zengrab CCTV bus lane monitoring devices have a module for automatic contravention detection. When configured they display the word Contravention on CCTV images that will later be used as evidence in civil proceedings. As the Contravention is not proven at the time of data capture this may prejudice subsequent enforcement action and legal proceedings. Evidence produced in legal proceedings must be factual not based on opinion which may prejudice the outcome of the legal proceedings.
Can you confirm that the use of this equipment in this way does not contravene legislation governing the use of CCTV surveillance systems, legislation governing the enforcement of bus lanes, legislation governing the use of evidence and the Human Rights Act pertaining to presumption of innocence.
Can you also confirm whether the use of the term Contravention in evidence captured this way is lawful as it may breach the principle of presumed innocence especially in circumstances where there may be very good grounds for proving that the alleged contravention did not take place, as is often the case.
If this specific use of CCTV is unlawful, can you confirm that:
(1) Images produced with the word Contravention automatically overlayed on them are inadmissable as evidence for raising penalty charge notices and in Tribunals or High Court proceedings. Unless the CCTV system producing them is infallible (which is not the case) the term used should be Alleged or Possible Contravention or left out entirely.
(2) The practice of overlaying CCTV images produced for bus lane enforcement with the word Contravention will be stopped with immediate effect.
Yours faithfully,
Charles Dawson
VCA Ref: EMP340473
Dear Mr Dawson
Thank you for your email dated 3 October 2015 requesting information
about CCTV Automatic Contravention Detection.
Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered within twenty working days.
If you have any queries about this request do not hesitate to contact us.
Please remember to quote the reference number above in any future
communications.
Yours sincerely
VCA Foi team
VCA
Dear Mr Dawson
Thank you for your email dated 3rd October 2015 regarding CCTV Automatic
Contravention Detection.
The request you have sent to us is not a request for information we might
hold, therefore it is not being dealt with under the terms of the Freedom
of Information Act.
VCA administers a Certification scheme on behalf of the Secretary of State
for Transport, for England. It covers Bus Lane Enforcement under The
Transport Act 2000 and Parking Enforcement under the Traffic Management
Act 2004, using CCTV. The Department for Transport (DfT) issues a guidance
document called the “Certification of Approved Devices” (CoAD) that
describes the requirements for Certification. We do not have any
involvement outside of this task. It is worth mentioning that councils
carry out Civil Traffic Enforcement (CTE) in a wider legislative context
and they must adhere to pertinent legislation.
The VCA Civil Traffic Enforcement web page contains links to the relevant
documentation about certification:
[1]http://www.dft.gov.uk/vca/other/civil-tr...
The CoAD guidance document can be downloaded by following the link (to the
DfT site) under “Certifications Issued”
The Zenco system you mention was certified on the 21st April 2010 and met
the requirements of the CoAD and the relevant statutory Instruments. We
are unable to comment on whether the use of the equipment does or does not
contravene legislation governing the use of CCTV surveillance, legislation
on the use of evidence or the Human Rights act.
Neither can we make any statement regarding your points 1) & 2).
Regards
VCA FOI Team
It should be noted that the above represents our opinion, as
interpretation of the law is the sole prerogative of the courts
VCA
References
Visible links
1. http://www.dft.gov.uk/vca/other/civil-tr...
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