Caught speeding but moving house?

inhoping

Rover_Driver wrote: »

Generally in a 40 limit:
40-46, No action
47-53, Offer of Speed Awareness Course
54-65, Offer of a Fixed Penalty
Over 65, Summons to court.

Hope you're right, seeing as its toward the end of the year i would have thought the courses would be winding down?

Johno100

EssexExile wrote: »

It means you broke the law & will have to suffer the consequences. The miscreant doesn't get to choose the penalty.

Well the 'miscreant' might get a choice, you can always opt for the points and fine even if offered the course.

BigBopper

inhoping wrote: »

Hope you're right, seeing as its toward the end of the year i would have thought the courses would be winding down?

Why would they be winding down?

Financial year ends in April and all they want is your finances.

AdrianC

I think you're misunderstanding the NIP - the s172 form.

It's a notice of intention of prosecution, and asks who was driving. Depending on who that was, one or more of the possible options might not be available.

A course can't be offered if the driver's done one in the last few years.
A fixed penalty can't be offered if the three points would take the driver to a totting-up ban.

So you'll only get the definitive offer once the driver sends back their "Yep, t'was me".

Ebe_Scrooge

inhoping wrote: »

i want to be offered a course!

That's as maybe, but being offered a course instead of a FPN is totally at their discretion. The bottom line is that you broke the law and will have to take what's coming to you, you can't choose what penalty you receive.


Realistically it'll be either a course or a FPN, you'll just have to wait and see. As a slight aside, a single SP30 on your license won't be much of a hassle. Sure, the fine is a bit of a pain, but most insurance companies won't sting you excessively (if at all) for one SP30. You indicate in your original post that this is your only speeding offence, if so then I wouldn't get too het up over it (assuming you've not got any other points already for other, non-speeding, offences).

robbies_gal

i was told at a course the 10% leeway is a myth they can prsecute at at any over the limit speed

for instance i was doing 57 in a 50 temp lowered limit others on the course had only done 33 in a 30

BeenThroughItAll

robbies_gal wrote: »

i was told at a course the 10% leeway is a myth they can prsecute at at any over the limit speed

for instance i was doing 57 in a 50 temp lowered limit others on the course had only done 33 in a 30

It's not a myth that the old ACPO guidelines were to prosecute for limit + 10% + 2MPH.

However, it IS a myth that the police will not/cannot prosecute for less than this.

As you were told, you can be prosecuted for ANY proven speed over the statutory posted limit, although few people are prosecuted for 1-2MPH over as the speed detection equipment, whilst extremely accurate when calibrated, will wander out of calibration quite quickly.

Ebe_Scrooge

robbies_gal wrote: »

i was told at a course the 10% leeway is a myth they can prsecute at at any over the limit speed

Yes and no. As per CPS link I posted earlier, the 10% +2mph leeway is a real guideline. Key word being "guideline", rather than absolute law.


So if you're caught, the PC will use discretion. If you fail the attitude test, or your speed was particularly dangerous for the given situation, then you'd probably get a FPN for being over the limit by any margin.


They're quite within their rights to prosecute you for doing 41 in a 40 zone, but the guidelines are there to allow a small margin of discretion on their part.

Car_54

Ebe_Scrooge wrote: »

Yes and no. As per CPS link I posted earlier, the 10% +2mph leeway is a real guideline. Key word being "guideline", rather than absolute law.

10% plus 2 mph is NOT leeway, it is the starting point for action - the "leeway" is 10% plus 1.

So, in a 40 limit, 45 is usually ok but 46 isn't.

BigBopper

Car_54 wrote: »

10% plus 2 mph is NOT leeway, it is the starting point for action - the "leeway" is 10% plus 1.

So, in a 40 limit, 45 is usually ok but 46 isn't.

No that was just guideline, 41 in a 40 is not ok unless you can show us somewhere in law it is ok to drive up to 45 in a 40?

The offence is exceeding 40 not doing 46 in a 40.