A retired Saskatoon man's photo speeding ticket was tossed out after he convinced prosecutors there was inadequate signage posted along Circle Drive.

Ken Williams said without signs indicating photo radar is in use, it's unfair and illegal to use radar to ticket motorists for speeding. (CBC) Ken Williams was issued a $126 ticket after a radar camera recorded his speed of 106 km/h along Circle Drive E. at 108th Street on Nov. 16, 2015.

After checking his van's tires and speedometer and noting it rained that day, he retraced his steps. He noticed a speed limit sign as he approached the camera box, but no posted indication or sign noting photo radar was in use.

"It's a legal requirement," said Williams. "Otherwise it becomes illegal surveillance."

Williams said there are thousands of other motorists in Saskatoon who may have paid speeding fines after driving through unmarked photo radar areas.

Williams tried to alert officials this winter

By January, Williams recorded video of that stretch of Circle Drive from several different vantage points and on-ramps. He tried to tell traffic safety prosecutors about the lack of radar signage by the end of February. He said no one on the phone could point him to the right person.

So, the retired mine supervisor brought his video footage along to traffic court on March 4, 2016, and played it for traffic safety prosecutor, Larry Danylyshen.

"I showed him the video of me going along in January and he said, 'Oh, the signage is on the other side of the road,'" Williams said.

Danylyshen offered to withdraw the ticket after Williams showed him more footage, noting photo radar signs are also missing along a stretch of Circle Drive near Taylor Street.

By June 15, 2016, prosecutors informed Williams they'd withdrawn his speeding charge. To date, however, no changes have been made to photo radar signage along Circle Drive E. (CBC) Williams said withdrawing one ticket does not go far enough.

Suspend tickets issued under photo radar program

"I want them to suspend this program until the signage is correct," said Williams. "Then you put an announcement out that the signage was incorrect and you rectify it."

I want them to suspend this program until the signage is correct. - Ken Williams

He then received another summons, telling him to attend court on June 15.

At that time, Williams said he was informed by another prosecutor that his file was misplaced and the ticket would be withdrawn.

"Literally tens and tens of thousands of people have been videotaped and the ones exceeding the speed limits have been photographed," said Williams. "To me, as a layperson, if I read the Canadian Charter of Rights, it's illegal,"

Statistics from Saskatchewan Government Insurance show there were 3,034 speeding tickets issued along Circle Drive between November 2015 and March 2016.

An additional 2,519 tickets were issued up until the end of June.

Justice officials say, radar signs not required for on-ramp traffic

A photo radar box in Saskatoon. (CBC) SGI said Saskatchewan's Traffic Safety (Speed Monitoring) Regulations state "a speed monitoring device may be used in a speed monitored zone for the prosecution of an offence pursuant to section 199, 200 or 201 of the Act only if there are official signs in each direction of travel indicating that a speed monitoring device is being used to measure and record the speed of vehicles."

Officials at the Ministry of Justice told CBC News the regulations for Saskatchewan's photo radar pilot project "do not require photo radar signs along on-ramps or off-ramps".

They said Danylyshen understood the accused thought there should have been a 90 km/h speed limit sign immediately coming off an on-ramp.

"This was not about photo radar signage," said a Ministry spokesman. He said Danylyshen decided Williams was confused as to the speed limit given the location of speed limit signs at the time, so on this occasion exercised discretion and dropped the charge.

SGI said each municipality is responsible for posting signs to alert motorists photo radar is in use.