35mph in 30

Marky4040

Hello All,
I know it's my fault but the force in question does adhere to the 10% +2 guidelines. 
So prosecute at 36 rather than 35?

Can i challenge this or just accept the points and fine for 35?. I think it's unfair to apply this rule when they feel like it, as a neighbour got caught at 35 but didn't receive anything. 
It was a hand held which busted me. 

Thanks.

daveyjp

10% +2 is when tickets can be given, so maximum is 34,  36 mph is 10% +3.

chrisw

Have you had the notice yet? There's also the speedometer error so your neighbour who says he was doing 35 might only have been doing a touch over 30, whereas if you've actually been nabbed at 35, it's likely your speedo was touching 40. 

Keep_pedalling

Technically you can be prosecuted for doing 1mph over the limit so no you don’t have a case.

if you have not had a speeding course in the last three years you may avoid the points by doing the coarse.

Marky4040

chrisw said:

Have you had the notice yet? There's also the speedometer error so your neighbour who says he was doing 35 might only have been doing a touch over 30, whereas if you've actually been nabbed at 35, it's likely your speedo was touching 40. 

"10% +2 is when tickets can be given, so maximum is 34,  36 mph is 10% +3". Thanks very much - gutted.

Yes I've filled out the "who was driving" like a good little citizen. It's a shame the same force didn't even come to see me when my car got stolen....

TadleyBaggie

Just to correct the maths, 10% + 2 is 35MPH (30 + 3 + 2) and is the starting point for prosecution. 

sevenhills

Marky4040 said:

chrisw said:

Have you had the notice yet? There's also the speedometer error so your neighbour who says he was doing 35 might only have been doing a touch over 30, whereas if you've actually been nabbed at 35, it's likely your speedo was touching 40. 

"10% +2 is when tickets can be given, so maximum is 34,  36 mph is 10% +3". Thanks very much - gutted.

Yes I've filled out the "who was driving" like a good little citizen. It's a shame the same force didn't even come to see me when my car got stolen....

If you have seen my other thread, did it state the time of the offense and was it correct?

boxosox

Marky4040 said:

chrisw said:

Have you had the notice yet? There's also the speedometer error so your neighbour who says he was doing 35 might only have been doing a touch over 30, whereas if you've actually been nabbed at 35, it's likely your speedo was touching 40. 

Yes I've filled out the "who was driving" like a good little citizen. 

I don't think breaking the limit and risking people's lives is being a good citizen.

DullGreyGuy

daveyjp said:

10% +2 is when tickets can be given, so maximum is 34,  36 mph is 10% +3.

They can be given for being 0.1 mph over the limit just most forces don't. 

Many forces operate the 10%+2 before they choose to start giving tickets and according to an ex senior copper that was originally done to deal with challenges on if the measuring of the speed was accurate. Given how technology has moved on there are conversations about reducing/removing the discretionary blind eye because confidence in the captured speed is now much higher. 

TooManyPoints

The "10% + 2mph" tolerance you mention is explained in the guidance on speeding enforcement which was issued by the Association of Chief Police Officers (ACPO) in 2010. It was adopted by the National Police Chiefs' Council when it replaced the ACPO in 2015. Here's a link to it. You will see a table at paragraph 9.6 showing the various tolerances for each speed limit:

Microsoft Word - Speed Enforcement Guidance ACPO_2011 2015_May 2013_Internet (college.police.uk)

You will see that you should be offered a course for that speed provided that the offence did not occur in Scotland (where they are not offered) and you have not done one in the last three years (with the offence dates being used to calculate that period). It will cost you about £100 and half a day of your time, but no points and few, if any, insurers ask you to declare it.

Goudy

That's not the worse of it.
Councils and the likes of TFL are lobbying the government to decriminalise speeding in lower limit areas (20mph).
It's picked up some momentum since late last year.

The London Assembly call it highway robbery, sorry Vision Zero but you can bet your own local authority have some  name for it that masks their true intent.
Some councils have already trialled it on limited roads.

Once they are no longer criminal proceedings, these limits will be open for the councils to enforce and fill their coffers.

You can bet you life on their technology being infallible and the 10%+2 disappears completely.