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How long do speeding tickets take to come through?
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# 1
Lemoncurd
Old 15-07-2008, 10:18 PM
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Default How long do speeding tickets take to come through?

I know someone who is worried that he might have been caught speeding through a new style fixed camera on the M40 at the weekend. If the camera was active, how long does it normally take for a ticket to come through?

Thanks!
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# 2
anewman
Old 15-07-2008, 10:24 PM
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By law it has to be within 14 days. If it was one of the variable speed limit cameras and the limit had just changed, there has to be 1 minute between the limit being displayed and being enforced. So say you go through an see it saying 50, it suddenly changes to 20 - you'll be fine at 50.
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# 3
Lemoncurd
Old 15-07-2008, 10:30 PM
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Thanks, pretty sure it wasn't a variable speed limit camera - actually can't have been, there were markings on the road. The limit had recently dropped to 50 but he didn't realise until he saw the reminder immediately after the camera. I think it had been 50 for a while but wasn't really concentrating so I'm not sure.
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# 4
Wig
Old 15-07-2008, 11:33 PM
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Assuming the car is registered at your home address, it has to be 14 days to be delivered, but it's worth waiting 15 days before considering yourself in the clear.
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# 5
Tucker
Old 16-07-2008, 12:53 AM
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Not sure if motoring offences are different but the time limit for issuing a summons for 'summary only' offences is 3 months from the date evidence of an offence was confirmed.......

There maybe be other regulations as has been suggested with a 14 day time limit, but whether these are just guidlines of actual requirements, I am not sure.
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# 6
Quentin
Old 16-07-2008, 10:21 AM
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They have 14 days to write to the registered keeper (who may not have been the culprit). So if the driver here was not the keeper then they will have to just wait and see as the keeper has 28 days to notify them who was driving. They then write to the driver who has been named.
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# 7
Wig
Old 16-07-2008, 2:06 PM
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Quote:
Originally Posted by Tucker View Post
Not sure if motoring offences are different but the time limit for issuing a summons for 'summary only' offences is 3 months from the date evidence of an offence was confirmed.......
I think you have that wrong, the general consensus I have read on this is that summary offences cannot be brought after 6 months of the date of offence. And this means 6 months to lay papers before the court, not to have a trial date.

In relation to speeding NIPs the first offence date is the date of speeding, the second offence date is 28days after the NIP refusing to supply the name of driver. But there are many motoring offences which in order to be valid - the registered keeper must be notified within 14days of the offence of an intention to prosecute (an NIP) and this is found in
Section 1(1) of the Road Traffic Offenders Act 1988

So for the offence of speeding you are in the clear after 6 months. For the offence of failing supply you are in the clear after 7 months.

How you will be able to tell if papers have been laid before the court, in relation to your offence, I don't know....perhaps the court has to write to you but that could take a while longer.

This page comments on it
http://www.hse.gov.uk/enforce/enforc...ates-intro.htm

Last edited by Former MSE Rose; 21-06-2010 at 3:20 PM. Reason: broken link fixed
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# 8
Tucker
Old 23-07-2008, 10:30 PM
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Quote:
Originally Posted by Wig View Post
I think you have that wrong, the general consensus I have read on this is that summary offences cannot be brought after 6 months of the date of offence. And this means 6 months to lay papers before the court, not to have a trial date.
It's 3 months to issue the summons (lay papers). I prosecute summary offences for a living.
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# 9
Bob63
Old 23-07-2008, 10:45 PM
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Quote:
Originally Posted by Quentin View Post
They have 14 days to write to the registered keeper (who may not have been the culprit).
They have 14 *working* days to write to the registered keeper.
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# 10
bargepole
Old 23-07-2008, 11:42 PM
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Quote:
Originally Posted by Tucker View Post
It's 3 months to issue the summons (lay papers). I prosecute summary offences for a living.
Obviously not motoring offences then, because S 127 of the Magistrates' Court Act states that:

"Summary only" offences
  1. Cases involving "summary only" offences can only be heard in the magistrates' court. Time limits are imposed and these need to be adhered to. The general rule for time bars on summary only offences is that prosecutions will be time barred if Informations are laid more than six months after the date of the offence 1. The Magistrates Court Act (MCA) allows for different time limits to apply where they are explicitly provided for in statutes.
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# 11
bargepole
Old 23-07-2008, 11:44 PM
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Quote:
Originally Posted by cheesy.mike View Post
They have 14 *working* days to write to the registered keeper.
Don't think so cheesy, it's 14 total days, with the day of the alleged offence counting as day 0.
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# 12
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Old 24-07-2008, 9:49 AM
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Quote:
Originally Posted by bargepole View Post
Don't think so cheesy, it's 14 total days, with the day of the alleged offence counting as day 0.

Thats my understanding too, and it doesn't matter if you ever get it, issueing it is deemed sufficient:confused: :confused: :confused:
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# 13
pullthepin
Old 24-07-2008, 12:03 PM
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i have my own car with my dad also on the insurance, as i am only 18 i can only get 6 points in the first two years of driving or i get disqualified =( thats like 2 speeding tickets, or one a year which is easy to get really imo. but because my dad is also on the insurance if i get done cna i say he was driving? because he is like 56 and i think he has a clear license
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# 14
bargepole
Old 24-07-2008, 12:20 PM
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Quote:
Originally Posted by pullthepin View Post
but because my dad is also on the insurance if i get done can i say he was driving?
Only if you want to risk being charged with Perverting The Course Of Justice, which can carry a fine of 000s or even a prison sentence. Just don't go there.
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# 15
Reggie Rebel
Old 24-07-2008, 12:42 PM
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or one a year which is easy to get really imo.

If you stick to the speed limit it's damn near impossible to get any
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# 16
cyclonebri1
Old 24-07-2008, 1:58 PM
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Quote:
Originally Posted by Reggie Rebel View Post
or one a year which is easy to get really imo.

If you stick to the speed limit it's damn near impossible to get any
Hmmm, seeing the way some of todays kids drive I'd refute that. Wrong side left warning bollards, up the pavement, stopping on zebra's the list is long to be honest. Hopefully the OP is, and from his posts so far it is suggested, a little more mature,
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# 17
awacko
Old 07-08-2008, 1:42 PM
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What happens if the car hasn't been registered properly and is still in the previous owners name (and the previous owner doesn't have a record of the current driver or is aware of this until he gets the ticket ) - what happens to the ticket if the current driver commits the offence months not long after buying the car but then eventually registers it properly months later ?

Last edited by awacko; 07-08-2008 at 1:45 PM.
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# 18
soolin
Old 07-08-2008, 2:05 PM
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Quote:
Originally Posted by awacko View Post
What happens if the car hasn't been registered properly and is still in the previous owners name (and the previous owner doesn't have a record of the current driver or is aware of this until he gets the ticket ) - what happens to the ticket if the current driver commits the offence months not long after buying the car but then eventually registers it properly months later ?
Then you get into the realms of more breaches of motoring regulations. When you sell or buy a car you are obliged to register the new owner within a certain time frame.
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# 19
Wig
Old 07-08-2008, 3:24 PM
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Quote:
Originally Posted by awacko View Post
What happens if the car hasn't been registered properly and is still in the previous owners name (and the previous owner doesn't have a record of the current driver or is aware of this until he gets the ticket ) - what happens to the ticket if the current driver commits the offence months not long after buying the car but then eventually registers it properly months later ?
The registered keeper will not be liable for the speeding or the failure to inform (assuming they help the police), but might be charged with failing to notify of change of keeper, whether it would stick or not - I doubt it, if the court was honest, and the RK says they did send the V5. (14 days would apply to the RK for this offence)

The RK would be required to say who they attempted to transfer the vehicle to. The police would then follow that line of enquiry. But as that person was not registered as the RK - (14 days would now no-longer apply assuming 14 days was complied with for the RK above) The police may then use Section 171 RTA 1988 - Duty of the owner to give information as to who was driving - and if not they will be guilty of an offence (failure to identify).

If they claimed to be not the owner of the vehicle, then RTA 1988 S.172 (2)(b) would require *Any other person* to give information as to the driver if it is in his power to do so and when requested - or be guilty of an offence.

BTW it would make no sense for the buyer to register the vehicle late, as the responsibility is upon the seller.

Last edited by Wig; 07-08-2008 at 3:33 PM.
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# 20
kelv54
Old 07-08-2008, 5:27 PM
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Quote:
Originally Posted by pullthepin View Post
i have my own car with my dad also on the insurance, as i am only 18 i can only get 6 points in the first two years of driving or i get disqualified =( thats like 2 speeding tickets, or one a year which is easy to get really imo. but because my dad is also on the insurance if i get done cna i say he was driving? because he is like 56 and i think he has a clear license
YOU COULD SAY THAT BUT THEN YOU WOULD BE GUILTY OF PERVERTING THE COURSE OF JUSTICE, WHICH IS A LITTLE MORE SERIOUS THAT A MERE SPEEDING FINE, BEARING IN MIND THAT SOME CAMERAS CAN ACTUALLY ID THE DRIVER
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