Lorry driver convicted after trying
to escape speeding charge

20.06.2019

A lorry driver who challenged the accuracy of a speed camera and provided vehicle tracking data in an attempt to avoid a speeding charge, has been convicted.

Bath Magistrates Court heard that a lorry driven by Glenn Fogg was detected by a mobile speed camera at 45mph in a 30mph zone on the A358 Henlade, Taunton Deane last June.

The offence was detected by a Home Office Type Approved device which was being operated by a trained operator.

Mr Fogg (49) produced tracking system data that showed his speed at the time was 33mph.

As members of Road Safety Support (RSS), Avon and Somerset Police requested the assistance of RSS Legal Support Manager, Steve Langdon.

Steve, who is a qualified member of the Institute of Paralegals and one of the most experienced professional witnesses in England, completed an expert report which was served on Mr Fogg.

At trial, Mr Fogg pleaded guilty on the basis of 33mph but denied driving at 45mph. The matter progressed to a Newton hearing.

The camera operator, Ian Skipp, gave clear and concise evidence about his duties and the events on the day.

Steve Langdon gave evidence about how the device worked and his analysis of the film, field by field.

He further explained his examination of the tracking evidence. This gave only one reading of speed every four minutes at a given postcode.

Steve explained there was nothing to suggest that the time, 10:06am, coincided on both devices. The camera was Type Approved and the tracking system was not.

Steve also pointed out the postcode shown for the tracking device’s 33mph was 0.63 miles after Mr Fogg had passed the camera enforcement vehicle.

Giving evidence, at the hearing on June 17, 2019, Mr Fogg said he left it too late to download his tachograph data. This would have shown a run of speeds far more accurate.

The Magistrates, in making their decision, said they found the evidence of Mr Skipp and Mr Langdon compelling and they found Mr Fogg guilty of travelling at 45mph.

He was given five penalty points, fined £500 plus a victim surcharge of £50 and was ordered to pay costs of £1500.

The chair then gave him seven days to pay £1000, and £500 within a month after. He was warned jail would be the likely outcome for non-payment.

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