NIP - Speeding

Strider590

workingboy wrote: »

My brother-in-law has recently been clocked for speeding in his Motability car.

Mobile speed van caught him doing approx. 35mph in a 30mph zone.

He asks, will the NIP go directly to Motability or himself and is it still a 14 day period for the NIP if sent to him directly.

thanks

Whilst bad news for BIL, this is (in a way) positive news to me. It's about time they got off the long/straight/safe dual-carriageways and started enforcing speed limits on 30 roads, catching all those idiots who drive everywhere at 40mph.

heartbreak_star

tykesi wrote: »

If he's not had a NIP, how does he know he's been 'clocked' doing 35?

Because he knew he was speeding when he passed the van, presumably.

HBS x

Car_54

zappahey wrote: »

The act says it must be sent within 14 days, nothing about arriving.

No it doesn't. It says "served" within 14 days.

And the Interpretation Act 1979 says "Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."

The practical effect of this is that a NIP posted first class on day 12 is deemed to have been served by day 14, unless non-delivery can be proved.

TadleyBaggie

35 on their speedo is probably 32-33 in real terms. They will probably hear nothing.

Car_54

TadleyBaggie wrote: »

35 on their speedo is probably 32-33 in real terms. They will probably hear nothing.

But when did he look at his speedo?

Probably when he saw the van, and after he'd braked. Certainly some time after he was clocked.

boxer-man

The guideline I've always understood is that the cameras are set to the speed limit plus 10% plus 2mph so a fixed penalty notice would be issued for a speed in excess of 35mph, given that most car speedometers over read you'd have to probably been doing somewhere around an indicated 40mph before you'd be in trouble.


http://www.speedlimit.org.uk/faq.html

Spicy_McHaggis

boxer-man wrote: »

The guideline I've always understood is that the cameras are set to the speed limit plus 10% plus 2mph so a fixed penalty notice would be issued for a speed in excess of 35mph, given that most car speedometers over read you'd have to probably been doing somewhere around an indicated 40mph before you'd be in trouble.


http://www.speedlimit.org.uk/faq.html

They are guidelines for prosecution.

If they have evidence of an offence there is nothing to stop them proceeding against you. If wouldn't be a defence in court to say I was only doing 34.

boxer-man

Indeed they are and there's nothing to stop them prosecuting if they have clear evidence (the ACPO guidelines in the link also state "if there are no other aggravating circumstances") but if this is a camera van monitoring hundreds of cars going past & they are using these guidelines & the car was genuinely doing 35mph when passing the van then it's unlikely they'll face a fixed penalty notice...but not impossible, as you say.

Spicy_McHaggis

Until the gets some paperwork we'lol never know.

Car_54

110% + 2mph is the starting point for action, so if the guidelines are followed then 34 is OK, 35 is not.