Managed to approach a camera van on the A30 (dual carriageway) in Cornwall, doing what the vRS' speedo reckons was 80 or maybe 81 mph. I braked but was probably 300-400 yards away before noticing him.

I don't currently have any points (and haven't in my 20 years with a licence), but am accepting of them if they do come, no defence- don't do the crime etc

Just wondering what the prosecution speed would likely be verses what he speedo in the oct reads? I've read that they work on 10% + 2 mph - so I'd be on the borderline at 80 on that basis - but if the octy speedo reads say 5mph high does this mean I was doing 75 and they procecute at 80? But thus would basically Jean you'd need to be doing say 85+ to get done, so think this can't be right?

The NIP will go to work as its co car, but still should know in 14 days either way.

Depending on your local CTO you might get an invitation to a speed awareness course and avoid the fixed penalty and points

If not, go through the fixed penalty system, take your £100 penalty and 3 points, and don't push it right until the last day to send payment, as you'll likely get the payment returned and end up being summoned

There's a good chance you'd get a speed awareness course, but nothing you can do but wait now.

The other thing I should mention if the vehicle is registered to the company.....

The company will get the first NIP.....you will not complete that form, they have to, then return it to the CTO

The CTO will then send you a new NIP for you to complete and return, hopefully with the relevant options of what is available to you

Thanks guys - does speed awareness come with the fine, although it's more the points that I'd prefer to avoid?

Just read the apco guidelines and that reckons prosecution (3 points and fine or if appropriate speed awareness course) is 79 - 96 mph, over 96 mph is a summons. It says they allow 73 mph for device tolerance but not sure how this works or relates to my speedo reading? I'm assuming the skoda will read a little high like most cars?

Was nice sunny day, dry and not busy road so may go in my favour re course?

As I say will take punishment if it comes - course if offered or points/fine with no argument, but interested to understand principles.

The other thing I should mention if the vehicle is registered to the company.....The company will get the first NIP.....you will not complete that form, they have to, then return it to the CTOThe CTO will then send you a new NIP for you to complete and return, hopefully with the relevant options of what is available to you

Yes, it is but the NIP will end up on the desk of the office administrator, who's office is next to mine and knowing others that have been caught, she will let me know ASAP (but will take glee in letting everyone else know in the office as she doesn't have co car!)

 

From this I would've thought that was about right as 90mph would call for a summons, with the extra 6mph allowing for tolerance.

 

If unsure about your speedo rating, drive at 60-70 or w/e the speed limit is somewhere close to you, use a satnav/phone to measure speed against your speedo and calculate %difference and take the %difference away from 80mph, should read 76-77 ish I rekon

Id say you'd be fine

Real world you'd be doing 76/77mph

Threshold is limit plus 10% so you'll be okay id say

Id say you'd be fine

Real world you'd be doing 76/77mph

Threshold is limit plus 10% so you'll be okay id say

+1 I got done for 78 I think it was in a 70

Isn't there a way to correct mileage reading using VCDS anyways?

The Speed awareness course costs you a fee to attend, you don't get either the fine or the 3 points. If they offer that option and you accept it you have to then book and attend one of the courses, but you must complete the course, if you dot turn up or go home part way through you then get a summons to see the magistrate, i.e. You don't get the 3 points 100 fine option anymore. Wifey did one a few years ago and hasn't been caught since so it must have its merits...

NIP has to arrive within 14 days of the offence. Usually they're within 3 as most forces are keen to get your money for their coffers if you're eligible for a a speed awareness course

I had a similar incident 5-6 yrs ago, on M6 between lake district and Scottish boarders. My road angle said 78 and my speedo 82-83 mph. I spotted a van parked over the road at around half a mile but there was nothing else on the road for a mile or so in-front of or behind me. Did not brake, just eased off the gas, I did not get anything through the post. It was around 11:30 in the morning and sunny so no reason for them not to see me. 

NIP does not have to arrive in fourteen days.  Taken from http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.php

 

 

The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that they believe that it arrived, but there may be a defence available if the intended recipient can convince a Court that the notice did not arrive in time or at all. In many cases, the registered keeper will be a lease company not the actual driver, with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence.

 

I am unsure where the table came from Sathit and whilst the parameters it shows are no doubt correct you will not be prosecuted for doing less than 10% voer the limit.  Reason being by law speedomethers have to be accurate within 10% so if they are allowed to be out by that you cannot be prosecuted as it is not possible for anyone driving a car to know beyond that acuracy.  That is why the 'general' guidelines are 10% plus 2mph.  It has been known in the local force if they are short of drivers for the speed reduction course that they remove the 2mph margin but they cannot remove the 10%.

 

Hope that helps.

 

Regards Chris

NIP does not have to arrive in fourteen days.  Taken from http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.php

 

 

  It has been known in the local force if they are short of drivers for the speed reduction course that they remove the 2mph margin but they cannot remove the 10%.

 

Hope that helps.

 

Regards Chris

 

Why does that not surprise me... :sun:

NIP does not have to arrive in fourteen days.  Taken from http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.php

 

 

I am unsure where the table came from Sathit and whilst the parameters it shows are no doubt correct you will not be prosecuted for doing less than 10% voer the limit.  Reason being by law speedomethers have to be accurate within 10% so if they are allowed to be out by that you cannot be prosecuted as it is not possible for anyone driving a car to know beyond that acuracy.  That is why the 'general' guidelines are 10% plus 2mph.  It has been known in the local force if they are short of drivers for the speed reduction course that they remove the 2mph margin but they cannot remove the 10%.

 

Hope that helps.

 

Regards Chris

 

Hi Chris, 

I got it from: http://www.motoringoffencelawyers.com/speeding-offences/

 

And just to query your comment about the 10% over the limit, you mentioned that the measuring device used has to be within 10% accuracy, now I take that as a maximum allowed to be legally used as evidence? Now what if the specific device used had a lower allowance for accuracy, say 5%, would that mean the allowance for usage of them as evidence is reduced to 5% as surely it should depend on the accuracy of the actual equipment used, not just the minimum requirements?

There is a lot of misunderstanding of the 10% rule.

A speedo in the UK, by law, can read 10% over but legally cannot under read by any amount at all, i.e at 70mph the speedo can read anything from 70 to 77 but no less than 70 by ANY amount. This has been confirmed by my traffic cop friend and also another mate who teaches the speed awareness courses.

The 10%+2 is also mis-understood. It is the ACPO guideline and not law. The guideline states not to prosecute for up to 10%+2 however you can actually be done for any amount over, however small. I was done 8 years ago for 32mph.

Sathit I need to correct my post really.  What the law says is that it can not read slow by any amount and must not be more than 10% fast.  I see daesimps has beaten me to it so thanks for that.  Apologies for the misinformation. Doing two things at once which being a bloke I can't do!  The ruling comes from the Construction and Use Regulations here.

 

http://www.legislation.gov.uk/uksi/1986/1078/regulation/35/made

 

Regards Chris

Edited to include link

Edited 20 February, 201511 yr by Chriswright03

Cheers for all the posts guys - I think what's clear is that it could be either way, but I'll brace myself for a fine and points!

Yes you can get done for 71mph in a 70! Depends what sort of mood they are in

But generally the 10% is accepted. I've been passed numerous cameras at an indicated 80mph on the speedo and never had a ticket

You may be lucky and get the course as said, I think they're trying to push this more as I think they're starting to realise that education and awareness and a big guilt trip carries more significance than just chucking a few points around.

The 10% and the +2 (which only counts over 30 limits) is mainly there for anomalies in speedos (no I don't mean your dad on holiday) and exceptional circumstances for appeal like clearing traffic and such. They realise sometimes it's safer to clear and give a bit of gas than lift and retreat sometimes.

Yes you can get done for 71mph in a 70! Depends what sort of mood they are in

But generally the 10% is accepted. I've been passed numerous cameras at an indicated 80mph on the speedo and never had a ticket

No, I don't think so. If a officer tried to give you a ticket for 71mph in a 70 or 32mph in a 30 then I'd just refuse the ticket and demand to be reported to court. I've always been taught that 10%+2 is the minimum I can prosecute for.

No, I don't think so. If a officer tried to give you a ticket for 71mph in a 70 or 32mph in a 30 then I'd just refuse the ticket and demand to be reported to court. I've always been taught that 10%+2 is the minimum I can prosecute for.

 

Honestly I feel it all depends on whether the equipment is accurate enough to prosecute with, but whether CPS or the officer will bother (which they probably wouldn't) is a different story. 71 in a 70 and 32 in a 30 would not even be a cause for a speed awareness tbh. Waste of magistrates time seeing a case of 71 in a 70, laughable infact.

ACPO Speed Endorcement Policy Guidelines are in the link below.

http://www.acpo.police.uk/documents/uniformed/2013/201305-uoba-joining-forces-safer-roads.pdf

ACPO Speed Endorcement Policy Guidelines are in the link below.

http://www.acpo.police.uk/documents/uniformed/2013/201305-uoba-joining-forces-safer-roads.pdf

 

9.7, just under the table at 9.6 suggests that it does not remove a police officers discretion, mentioning that they can prosecute for lower than the guidelines but need to consider the equipment tolerences (2mph under 60mph, 3% over 60mph). ACPO guidelines are just that, guidelines, at the end of the day it depends whether or not the copper is having a bad day