Appealing 3 points? 10 September 2022 at 1:45PM in Motoring 42 replies 3K views

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Herzlos said:

dil1976 said:

If it was a A road and in a van the speed limit is 60mph in a lot of commercial vehicles.

This is what I'm thinking. The tracker makes me think it's probably a van, which has a 60 limit on a stretch of 'motorway' that's actually an A road dual carriageway. That might explain the "74 in a 70" thing, because it's technically a 70 road for other vehicles.

In which case a tracker showing 70-72 is still going to prove the offense.

If we are thinking about why it could actually be 74 in a 70, remember the speed limit on a motorway is 60 when towing a trailer, I don't know if the NIP would call it exceeding the speed limit for the class of vehicle though.

Herzlos

facade said:

Herzlos said:

dil1976 said:

If it was a A road and in a van the speed limit is 60mph in a lot of commercial vehicles.

This is what I'm thinking. The tracker makes me think it's probably a van, which has a 60 limit on a stretch of 'motorway' that's actually an A road dual carriageway. That might explain the "74 in a 70" thing, because it's technically a 70 road for other vehicles.

In which case a tracker showing 70-72 is still going to prove the offense.

If we are thinking about why it could actually be 74 in a 70, remember the speed limit on a motorway is 60 when towing a trailer, I don't know if the NIP would call it exceeding the speed limit for the class of vehicle though.

That's what I'm wondering; what's on the NIP if you're doing 74 on a 70 road in a vehicle that's limited to 60? Would it tell you the limit is 60 or 70?

I'm sure that happened to a friend years ago in a works van on a section of motorway that turned into an A road, and I *think* the NIP had him as doing ~70 in a 70.

I'm not finding anything on Google.

Flight3287462

The OP hasn't been back since the day off his first post.  So until he does appear it will remain a mystery.

Petriix

MalMonroe said:

According to this information - things have changed :- 

https://www.passmefast.co.uk/resources/driving-advice/drive-above-speed-limit

and those of you doubting the OP's word may not be on the ball.

The offence as outlined by the OP is in Band A. And the fine is £100 with 3 points on a driving licence.

Also info here - OP, just add your details and it should tell you that you have committed a Band A offence and what the penalty is -

https://www.carbuyer.co.uk/driving/171938/speeding-fines-2022-how-much-will-you-have-to-pay

Since you ask, I'd not try to argue with the evidence because it appears that whether you were doing 72mph or 74mph, you were still over the limit and have received notification of it.

Pay up, accept the points and resolve to be more careful. I'm not trying to preach here because I've done similar in the past, twice. Once on a dual carriageway - and had to cough up a hefty fine and have 6 points on my licence for 4 years. I was also sent on one of those driving awareness courses in the past - and found it really helpful. But as you say, there's a time limit on those or you could have gone on another one. 

Obviously this is just my own opinion, and I'm just saying what I'd do.

If you decide to go to court to defend this and lose, you'll have to pay more than £100 and you've been clocked doing the wrong speed, so there's not really any defence. Sorry. 

However, as discussed, no one has ever been able to show any evidence of a NIP showing less than this 10% +2 figure. The OP promised to upload it but has since gone silent. I'm not sure what to infer from that.

daveyjp

I infer he was driving a van, as mentioned previously, so its 14mph over the limit, not 4mph.

Friend of mine received a similar NIP on the A64 when he was driving his company van. 

TooManyPoints

The offence as outlined by the OP is in Band A. And the fine is £100 with 3 points on a driving licence.

No it isn't. 

"Band A" refers to the recommended level of fine in the Magistrates' Court sentencing guidelines. Band A has a "starting point" of 50% of "Relevant Weekly Income" (RWI) and a range of 25% to 75% of RWI. The normal fine is 50% and all fines are reduced by a third for a timely guilty plea. Three points is also the recommendation.  

£100 and three points is the Fixed Penalty which may be offered instead of the matter being dealt with in court. Fixed Penalties are normally offered up to 95mph in a 70mph limit and 85mph in a 60 mph limit.  

Manxman_in_exile

StevenB12 said:

Manxman_in_exile said:

StevenB12 said:

Manxman_in_exile said:

What was the speed limit?

If it was 70mph it is extremely unlikely that they would take any action against you unless they'd clocked you at at least 79mph.  (Enforcement is meant to start at limit + 10% + 2mph which for a 70 limit would be 79mph).

If they are after you for speeding at 74mph it is likely that the limit was 60mph (variable speed signs?) so any evidence that you were travelling at 72mph will only prove the offence.

And in any case, tracker information from your vehicle won't be admissible as evidence as nobody knows how reliable it is - or isn't...

No variable speed limits on the stretch of road I was on, at least not at the time I was driving, and if it was quite a few people must have got fines the same time as me for overtaking lol. 

As I said paperwork I was exceeding 70 mph limit and was clocked at 74mph.

Unfortunately I had a speed awareness about 2 months shy of 3 years

Can you post up an image of the paperwork showing that they are pursuing you for doing 74 in a 70?  (Obviously redact your name and any other information that will identify you)

I can post an attachment tonight as I'm at work at the moment, but will pop back on tonight 

We may not get any further details as tonight will be the fifth evening since the OP posted the above...

peter12345678910

In my opinion  the only way of not going over 80 is to hog in the second lane, new drivers tend to hog in the first lane behind a truck probably yjeir first car. More expensive cars on the 3rd lane and breaking the law, cheapest on the left, its the class system. When there is a police car, nobody cares because then all 3 lanes will get slow very fast. 

It is probably more dangerous to always be looking at the speedo better to look ahead. 

NBLondon

peter12345678910 said:

It is probably more dangerous to always be looking at the speedo better to look ahead. 

Or you could learn to drive properly...  including being able to maintain a fairly steady speed without constantly looking at the speedo; knowing your vehicle well enough to judge whether you are speeding up by other cues such as engine note; being able to hold a memory of what is happening around you for the half-second it should take to look at the speedo - stuff like that...

Grey_Critic

The M606 from Bradford to M62 is a popular spot to rack up the points or lose your licence with regular court reports of cars doing 100mph in the 50 mph section that is well signed.