Can The Police Prosecute For Motoring Offences Using AI Cameras?

Perhaps you find yourself in a position of being caught for an alleged driving offence via new technology and are wondering if the police can prosecute you for a motoring offence using an AI camera. As AI technology is becoming more prominent within the modern world, motoring law is just another area that has seen a huge influx in this technology, most predominantly in the cameras used by the police.

There are a number of moral, legal and technical questions being asked around the use of such technology in catching motorists committing offences. Despite this, AI cameras are currently used by the police to prosecute motoring offences.

This article will help to clarify how these cameras are used, what offences can be detected and the options that are available to you should you be prosecuted as a result of an AI camera.

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Send us a message or call us on 0333 443 2366 for friendly advice

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What Cameras Are On UK Roads?

Cameras have been used by the police to detect and evidence motoring offences since the early 1990’s since the inception of the ‘Gatso’ camera that used radar to determine the speed of a vehicle travelling on the road.

The majority of cameras on UK roads are used by the police to monitor collisions, congestion, break downs and of course motoring offences such as speeding. For the most part ‘speed cameras’ such as the Gatso, Truvelo and Vector-SR are there to detect the most common motoring offence, speeding. In some instances, these cameras have developed to use infra-red and in-road sensors to catch motorists breaching other rules of the road such as failing to comply with a red light.

There are approximately 15-20 different variations of cameras being used on UK roads with some of the most recent developments being brought in via the ‘smart motorway system’ and the introduction of the advanced and accurate HADECS smart speed camera. Cameras such as this can now monitor up to five lanes of traffic at the same time using lane identification and vehicle positioning to pinpoint speeds and numberplates.

What Are AI Cameras?

The most recent development in camera technology is the AECOM mobile camera, a camera which unlike its predecessors uses AI technology. This camera is not fixed and like its name suggests it is transported around in a van.

These cameras are easy to spot as there is usually a large metal structure sticking out of the top of the van itself with the camera being craned out over the road. It is understood that the AECOM can be used to detect speeding, however, it is presently used for another purpose.

This camera made its first appearance in 2022 and due to its success, it is being trialled by a number of constabularies across the UK.

Separate to all other road cameras, the AECOM is predominantly in place to catch people using mobile phones or not wearing their seatbelt. It uses an infra-red flash with high shutter speeds to record clear and defined images of drivers in their vehicle.

The positioning of the camera grants a bird’s eye view of vehicle occupants to see into the cabin of the vehicle. The system then uses AI software to algorithmically analyse the image and determine if an occupant is holding a device or not wearing a required seatbelt. The AI software will then send any images of potential offenders to a team of AECOM analysts for review.

Should the reviewed images evidence that an offence has been committed then the police will take the necessary action to prosecute the individual in question.

What Does This Mean For You?

Before the introduction of AI cameras motorists could concentrate on keeping within the speed limit and watching for any police officers that may be in view of their vehicle. However, the introduction of the AECOM has created a greater level of oversight without the need to increase the physical presence of police officers within an area.

Not wearing a seatbelt or using a mobile phone whilst driving are extremely dangerous actions that could lead to the injury or even death of other road users. Motorists must now maintain a constant level of caution and simply avoid breaching these motoring laws.

The most prominent areas trialling this new AI camera system are:

• Durham
• Greater Manchester
• Humberside
• Staffordshire
• West Mercia
• Northamptonshire
• Wiltshire
• Norfolk
• Thames Valley
• Sussex

Motorists will likely see the greatest presence of these cameras within these areas, however, you should expect them to rise in prominence and potentially make their way onto UK motorways.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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What Is The Sentence For These Offences?

Whilst the cameras have the technology to monitor a range of motoring offences such as speeding and tailgating, it is clear that they are mainly used to check for mobile phone use or a failure to wear a seatbelt.

Using a mobile phone whilst driving is considered a serious offence due to the number of fatal collisions that are caused by this action. The sentencing is therefore similarly strict with penalties of 6 points and a fine being the starting point.

Failing to wear a seatbelt whilst driving is usually considered less serious as you mainly pose an additional risk to your own safety rather than others. That being said you can still receive a Band A fine of up to £500. This also applies for any passengers you are carrying that are under the age of 14, it is the responsibility of the driver to ensure these occupants are wearing their seatbelt.

What Are Your Options?

As with all motoring offences you have the option to challenge the charge against you or to mitigate it should you be found guilty or enter a guilty plea.

Mobile phone offence

With mobile phone offences the most common defence is a factual denial, namely:

• That you were not holding the mobile device;
• That you were not using the mobile device; or
• That you were not driving at the time of the alleged offence.

It may also be the case that you were using your phone within the boundaries of the exceptions listed, one such example being making a call to the police.

These defences can have varying levels of success and it will likely depend on the evidence available. The introduction of the highly clear and accurate AI cameras makes any defence all the more difficult. These cameras no longer rely on the eyesight, judgement or view of an officer but in most cases can clearly show an occupant holding a device in use. Challenging this charge is not impossible but it is advisable to obtain an expert opinion on your prospects and options before making a decision.

Alternatively, you may wish to focus on presenting mitigation or a special reasons argument. Prior to the introduction of these cameras most ‘mobile phone offences’ start with an officer pulling over a driver and speaking with them at the roadside. The now lack of human interaction means motorists have no opportunity to explain themselves or clarify the circumstances of the offending behaviour.

You may need to attend court to explain why you were using your phone where this could constitute a special reason, such as picking up your device because it has fallen and obstructed your pedals. Whilst extremely clever, AI cameras cannot yet determine the purpose behind your actions.

Not wearing a seatbelt

Seatbelt offences can be difficult to challenge, however there are some instances in which you are permitted to not wear a seatbelt. It could be the case that you wish to challenge a charge because:

• You have a medical condition which restricts you from wearing the seatbelt;
• You were reversing or making a supervising a learner driver that was reversing;
• You are driving a goods vehicle travelling no more than 50 metres between stops; or
• You are a licenced taxi driver or private hire driver.

For any medical exemption you should have been given a ‘Certificate of Exemption from Compulsory Seat Belt Wearing’ and are required to carry this with you in your vehicle. Of course, an AI camera is not going to stop you in order to check for such a certificate and you may therefore need to present this defence in court.

Due to the sentencing available for these offences there is generally little benefit in presenting mitigation. Of course, this always depends on the circumstances of the case and individual being charged.

Should you have any questions or concerns regarding a charge of this nature please do get in touch.

______________________________________________________________________

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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Are AI Cameras Here To Stay?

AI Cameras such as AECOM are still in the trial stage and have not yet seen a widespread roll out across the UK.

From their fist introduction back in 2022 they seem to have gained positive feedback from police authorities who feel they no longer have the manpower to deal with the sheer volume of motorists on UK roads.

Many pressure groups and individuals alike feel that these cameras are an intrusion on privacy and represent a money-making scheme above all else. Regardless, it would appear that they are producing the intended result with little error present. It is likely that these cameras are not only here to stay but their presence may increase in years to come.

______________________________________________________________________

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

_______________________________________________________________________

Conclusion – AI cameras and motoring law.

AI cameras are being used by a number of police authorities across the UK. They continue to successfully capture motorists committing offences with a reduced human input and improved accuracy.

Despite their advanced detection capabilities and clear high definition imagining these cameras cannot always consider all of the circumstances of a case. There are a number of options when it comes to challenging or mitigating motoring offences and these options are still very relevant when you have been captured by an AI camera.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0333 443 2366 for a free consultation.

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Neil Davies

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I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

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