Braking before speed camera registers speed and number plate

Kaimoo

The original post I'm unsure of when it was published but it still works for some, it seems more so in Scotland than in England

Johnmcl7

The post above from Kaimoo is badly out of date and should be ignored, the loophole has long since been closed in England and Wales which means if you don't sign the form then you can be convicted of failure to furnish which carries a hefty six points and an insurance unfriendly MS90 conviction code for five years. For many speeding offences this will mean a much harsher penalty where otherwise a speeding awareness course or three points/£100 fine may be applicable.

In Scotland the situation is different as the court ruling in England and Wales isn't binding up here, at the moment no Procurator Fiscal has taken a case where the form hasn't been signed through the courts. It's expected if that does happen, the decision taken in English courts would be highly persuasive. However it's not as simple as just not signing the form, the police frequently chase these up in person and make the request verbally and if that fails some of the PF's have threatened court action with the offer of a FPN to stop it. So far, they don't appear to have followed through on the court action but it's likely to happen at some point.

John

Kaimoo

Yeah it appears so but also if you Google some more you'll see your still not legally obliged to sign the form and people still have their day in court and it doesn't proceed.

Johnmcl7

Iceweasel wrote: »

Kaimoo: How old is that extract from the Western Mail?

The snippet near the end gives an idea how old is it:

Latest figures show that in 2001 the number of speeding tickets issued by South Wales Police was 38% higher than in 2000.

It's started spreading again recently for some reason, unfortunately the people don't realise the advice is not only out of date but dangerous in that following it is likely to lead to a more serious offence. Hopefully the poster will remove the above post.

John

Kaimoo

As for speeding I never go above 30 if it's a 30, and I almost always sit at 80mph in the motorway which according to GPS is only 76mph and I still get almost every car flying past me.

I am in Scotland and I only researched Scottish cases, that'll be why I didn't know it wouldn't work for you lot

Kaimoo

No need to remove it, it still stands in Scotland so it is still relevant to anyone living in Scotland. So to say it's dangerous blah blah is nonsense, if your in Scotland I'd give it a try.
In England don't do it, simple

Johnmcl7

Kaimoo wrote: »

Yeah it appears so but also if you Google some more you'll see your still not legally obliged to sign the form and people still have their day in court and it doesn't proceed.

I don't need to Google any further, I'm very familiar with the current status of this and already said in my post that no PF's have taken this court yet. The current legal case is ambiguous, in the English courts they found that the request for a signature was reasonable based on existing law (no laws were changed or updated) and it's likely this will happen at some point in Scotland also without a change in law.

John

Car_54

Kaimoo wrote: »

Yeah it appears so but also if you Google some more you'll see your still not legally obliged to sign the form and people still have their day in court and it doesn't proceed.

If you don't sign the form (or a letter) nominating the driver then no-one can be prosecuted for speeding.

However, you will certainly be prosecuted for failing to furnish driver details, which carries six points and a heavy fine, and will have a much greater effect on your insurance premiums than the original speeding fine.

Not such a good idea.

redux

Iceweasel wrote: »

Kaimoo: How old is that extract from the Western Mail?

It appears to be from before March 2003

edit: sorry, I see others have already replied to this

Kaimoo wrote: »

That was the start of September, if you Google speed camera don't sign it'll come up with another thread on a motoring forum piston heads started in September discussing this loophole

They can discuss it all they like, but it only takes a few seconds to discover that the case appears to have been over eleven and a half years ago.

Johnmcl7

Kaimoo wrote: »

No need to remove it, it still stands in Scotland so it is still relevant to anyone living in Scotland. So to say it's dangerous blah blah is nonsense, if your in Scotland I'd give it a try.
In England don't do it, simple

Your post doesn't say anything of the sort, if you won't remove it you should rewrite it to clarify the current position which is far, far more complex that not signing the form - you are clearly not that familiar with the current process.

John