Artificial Intelligence Cameras Prying on Motorists in Manchester
What are AI cameras and how do they work?
Artificial Intelligence cameras have been developed by the Australian firm Acusensus. They say their cameras stipulate automated recognition of individuals driving with a mobile phone, not wearing their seatbelt and speeding. Using an infra-red flash, lensing and a filtering system, the camera captures two images. The first image dictates if the driver is wearing a seatbelt or has a mobile phone to their ear. The second image is at a ‘deeper angle’ which captures if the driver is using a device for messaging. The image is then reviewed by the AI software to determine whether it is believed that an offence is committed.
Does a Computer Decide Who Should be Prosecuted for AI Camera Offences?
If the AI software determines that a driver is using a mobile phone or using a mobile telephone a human operator analyses the image for clarification. So, the answer is no, we are told that a secondary human check will always be carried out before any Fixed Penalty Notice is issued.
What Should I do if I receive a Fixed Penalty Notice?
Always consider speak to a specialist road traffic solicitor. Fixed Penalty Notices are designed for the alleged perpetrator of a road traffic violation to accept the penalty rather than go to court. You must remember that the prosecution still has to prove the case against the driver. It is the registered keeper of the vehicle who is asked to accept something which they might not remember or may not have been the driver of the vehicle at the time.
Penalties for using a mobile phone when driving have increased significantly and now attract a minimum of 6 penalty points and a £200 fine. This means that for two offences you could be subject to a disqualification from driving for a minimum of 6 months under the totting up provisions.
Why are the Police using AI Cameras to Target Motorists?
Many sceptics will say that it is simply a money-making exercise and whilst fixed penalty fines inevitably result in cashflow, Transport for Greater Manchester (TfGM) say that it is about safer road. Distractions such as mobile phones were “key factors” in many collisions and Acusensus says that in 2020, 1 in 4 road traffic deaths involved somebody not wearing a seatbelt.
Authorities say that they are introducing the cameras to emphasise safety and hope the systems will act as a deterrent to drivers and prevent motoring accidents caused by distracted drivers. However, do these new ‘safety’ measures come at a cost to privacy.
Do AI Cameras Impact on Article 8 Rights to a Private Life?
Article 8 of the Human Rights Act provides that everyone is entitled to live their daily life without government interference, UNLESS the authorities can show their actions are lawful, necessary and proportionate to protect public safety or prevent disorder or crime.
In 2023, GOV.UK statistics found that the number of prosecutions for motorists being on their phone whilst driving was 15,300. In the same year, it was estimated that 97.6% of drivers wore their seatbelt out of approximately 40 million licensed vehicles in the UK. These results show authorities believe it is proportionate and necessary to catch 2.4% of the population that is not wearing a seatbelt! Privacy campaigners argue the cameras are ‘intrusive’ and ‘treats every passer-by as a potential suspect’. Upon those statistics, it would appear the majority of privacy interference would be towards those abiding by road safety laws.
The AI cameras were on trial in Cornwall and Devon between July-August this year. Reportedly, 2000 people were caught not wearing seatbelts and 800 mobile phone offences were recorded. The cameras are currently situated on Mancunian Way in Central Manchester and other authorities will no doubt soon follow suit. It will be interesting to see the statistics of offences once the trials have finished, compared to last year’s statistics, to see if the proportionality and necessity of these cameras are justified.
If you or someone you know is caught by an AI camera, contact one of our specialist lawyers at Burton Copeland to see how we can help.