Photo radar is used on some highway construction zones to nab speeders. (RCMP)

The Saskatchewan government says it has decided it will not appeal five photo radar tickets that a judge dismissed last month.

A judge dismissed the cases saying there was insufficient evidence that the drivers were speeding past construction workers in so-called "orange zones".

In at least one case, it was noted that the photos taken of the speeding car did not show any construction workers in the area.

In explaining the government's decision Thursday, deputy attorney general Kevin Fenwick noted there are two separate laws dealing with speeding through construction zones.

One makes it illegal to speed through construction zones, while the other triples fines if there are construction workers there.

 Fenwick said sometimes things haven't been made clear in the information filed in court.

 "What we've done is we've given instructions that what we need to make sure those affidavits are clear: that the person was a) speeding and b) that the speeding happened while they were passing workers," he said.

 Fenwick says people should slow down to 60 kilometres per hour whether they see construction workers or not. 

"When it says 60, you have to go 60. And it doesn't apply only to the passing workers part that just increases the cost."

Fenwick says the government is reminding police officers to provide enough evidence to support whichever charge they lay.