GARY CUSICK v. PROCURATOR FISCAL, AIRDRIE

May 2014 [1] On 28 October 2013, at Cumbernauld Justice of the Peace Court, the appellant was found guilty of driving on Castlecary Road, Cumbernauld at 49mph, which was in excess of the 30mph speed limit, on 1 March 2012, contrary to the Road Traffic Regulation Act 1984, sections 81 and 89. He was fined �300 and 4 penalty points were imposed on his licence.

[4] The Justice of the Peace, having taken advice from his clerk, reasoned that the condition founded upon was not one of the type referred to in section 20(5). In addition, he was not persuaded that the dissolved company was the same one as was specified on the agreement. The objection was therefore repelled. The evidence continued with the police stating that they were familiar with, and trained in, the use of the Unipar SL700 and that it was an approved device. The Approval Order, namely the Light Beam Speed Measuring Device Approval 2005, was duly produced.

[7] That disposes of the appeal, although the court considers that there is force in the two subsidiary points which were advanced by the Crown. In these circumstances, the court will answer the questions in the affirmative and refuse the appeal.