Although the Technical Committee for Standards and Procedures (TCSP) Prosecution Guidelines for various technical equipment in use in the prosecution of technical road traffic offences are not strictly legislation, they are nonetheless a vital component. This is because such offences as disobeying the speed limit and driving whilst the concentration of ethyl alcohol in a breath sample require a high level of accuracy in the readings the equipment used to acquire such readings produces.
For your convenience, we have made available the following available on our site:
- TCSP Prosecuting Guidelines for Speed Measuring Equipment and Traffic Light Violation Monitoring Equipment (2012); and
- TCSP Prosecution Guidelines for Evidentiary Breath Testing Machines (2005).
It is a commonly held fallacy that simply because the TCSP Prosecuting/Prosecution Guidelines are called “guidelines”, they act merely as a suggestion for traffic authorities to follow. Case law exists wherein it was firmly established that these guidelines must be strictly complied with (see State v Snyman 2001 (1) SACR 354 (N) for further details).
ALL of the provisions of the TCSP Prosecution/Prosecuting Guidelines are mandatory and the improper use of the technical, electronic, evidentiary equipment to which they refer can most certainly affect the reliability of any evidence produced by that equipment.