Industry Canada certification of radar device missing

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jsherk
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Industry Canada certification of radar device missing

Unread post by jsherk on

Okay so here is something interesting ...

Preparing for wife's speeding ticket trial, and I requested the radar manual and they sent me the whole thing from cover to cover. :)
It is a Decatur GHD also called a Genesis GHD or Genesis Handheld Directional or a Scout and the manual is the Canada Variant Rev 25/Aug/2010 version. Chapter 11 is titled LEGAL REQUIREMENTS and 11.1 has the FCC Document only.

Now if I compare this to the Canada Variant Rev 25/Aug/2010 of the Genesis II Select Directional manual, it also has Chapter 10 titled LEGAL REQUIREMENTS with 10.1 FCC Document but also has 10.2 Canadian Industry Certificate of Technical Acceptability with a copy of a Technical Acceptance Certificate from Industry Canada.

So question #1 is why does Genesis GHD manual not have this same Technical Acceptance Certificate?

Okay so I went looking for it and came across the following Industry Canada website:
https://sms-sgs.ic.gc.ca/equipmentSearc ... tion=e1s28

Under COMPANY NAME field you can type in DECATUR and it will bring up 19 results, none of which are "GHD", "Genesis GHD", "Scout", "Genesis Scout" or "Genesis Handheld Directional".

You can also search the HARDWARE VERSION IDENTIFICATION NUMBER (HVIN) field (fancy way of saying Model Name) and you can type in any part of the name of the device like "genesis" or "scout", etc which also does not bring up this device.

So it appears that this particular radar device does not have a Technical Acceptance Cerificate.

I have some other things I will be challenging at the trial, but would like to add this one to the arsenal as well. Any thoughts and ideas how to present this information and get it entered in the record?

Thanks
+++ This is not legal advice, only my opinion +++


jsherk
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Unread post by jsherk on

Okay so this is my plan:

I will be looking up the Federal laws from Industry Canada that would require radar to have Technical Acceptance Certificate.

And then about 1 month before the trial date, I will submit a motion to have radar evidence excluded at trial. I will probably still have to deal with the motion at the trial (unless prosecutor withdraws charge), but this is easier way to get my motion/evidence entered into record.
+++ This is not legal advice, only my opinion +++


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hwybear
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Unread post by hwybear on

Genesis VP Directional is the handheld and is on the list
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Decatur
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Unread post by Decatur on

They also list Genesis handheld stationary which would also cover the Scout and GHD

I believe someone tried to go the same route a few years ago and it didn't work so well.


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Unread post by jsherk on

The manual I got says Genesis Handheld Directional (GHD) and Scout. Does not mention anything about "VP" in the manual.

Is the GHD/Scout a predecessor to the VP?
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Unread post by Decatur on

The GHD/Scout are the newer models actually. Essentially the same functionality. The major change was simply the type of battery pack used. The VPD used the versa pack type battery (long tube) the Scout uses AA rechargeable. The GHD is strictly 12v.






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