If Charlottetown feels it needs photo radar to combat speeders in the city, it doesn't need any new legislation, says the province.

'If we can do it without the province, then we'll do it.'- Mayor Clifford Lee

City council had believed it needed enabling legislation to use photo radar, but Steve MacLean, deputy minister of transportation, says that's not true. He also said the province will provide any help or support the city needs, adding that city police have known this for a year.

"I'm upset that our city administration has not taken this on and done it on our own," said Coun. Bruce Garrity.

"They should have known because I'm told the provincial people told them we could do it on our own."

Garrity is planning to present a motion at Tuesday night's council meeting, recommending the city buy a photo radar machine.

Mayor Clifford Lee says he doesn't think it's as simple as the province says, but if it is he'll support Garrity's motion.

"If we can do it without the province, then we'll do it," he said.

"If we need the province, then I would really encourage the province to come on side and simply pass the enabling legislation so that the city can do it."

Lee says the city's lawyers will look at the issue Tuesday.

Other provinces have found that issuing a ticket with photo radar is different from standard speeding tickets. Tickets are issued to the registered owner of the vehicle, due to the difficulty of identifying the driver.