My niece got a speeding ticket doing 33 in a 30 zone.....I thought there was a +10% + 2 mph leeway? (or in some areas 3mph) Anyone know the 'law' on this?
It varies from county to county. In Cleveland, we get 10% +2 no problem. Between 10% +3 and 10% +9 gets you into the speed awareness training that you can only do once in three years bracket. Over that and it's your points and fine. I have the paperwork For it :frown:
If you wanted to be arsey, I think you could fight that as speedo's are only required to be accurate to within 10% (or so I've been told). If you could confirm that, it'd certainly be worth a letter appealing the prosecution. Whether its worth the expense and time of going to court or not I'm not sure. Petty and annoying though! My sympathies to your niece!
Vehicle Approval regs state they're allowed up to over read by 10% + 6.25mph between 25 & 70, and are never allowed to under-read at any speed. Construction and Use regs state "Every instrument for indicating speed fitted to a vehicle...shall at all times be maintained in good working order" Hence blaming the speedo is not going to save you from a fine, and likely only make things worse.
From the website link I posted, "Because of this, the Association of Chief Police Officers (ACPO) have an official formula for calculating a speeding offence. It allows a leeway of 10% plus 2mph." Fight the power!!!
It's an ACPO guideline, not the law. Some local forces will prosecute within that. As Doodle says, blaming the speedo doesn't work. If it's an area where they do the speeding course she'll be offered one of those, rather than having to take the points.
Well, lets hope it's one of those areas then. I suppose of all the limits NOT to exceed 30 is the one as it's normally applied in built-up, populated areas. If I got points for doing 33 in a 30 I'd be severely p1ssed off as I'm sure Jimbo's niece is! That kind of prosecution just helps develop bad feeling toward the law generally I think as does anything which seemingly defies a common-sense approach. Jimbo, if they do try to give her points and a fine, it might be worth a letter asking why they choose to ignore ACPO guidelines on this. Good luck!
I've only ever heard of this happening to younger drivers, an employee of mine had the same (19 yr old), so I believe it's bullying on the part of the police. Have to say if it happened to me I'd go to court as I think it would be laughed out, since I also don't believe plods equipment is that accurate. They rely on people getting scared and accepting fixed penalty. My previous experience as a London despatch rider is that often if you, politely, question the bull plop they're giving you there is a tendency for them to back down.
Got stopped on the Ktm in London the other day. Policeman said they were booking anyone over 45 in a30. Different rules.
I did a speed awareness course last year, the trainer said that there is not really an official rule as such its just that some cameras dont always trigger if you are at max 3- 4 mph over the limit, what he did say was its up to you if you want to risk it but my advice is stick to the limit as stated on the sign because you never know whether the camera will go off. If shes the chance of the speed awareness course it will save her the points and the hefty annual insurance premiums. I doubt the police will allow it to be contested, its a bummer but as they say shit happens!
I'm 50. Better stay out of London! :biggrin: As for contesting the ticket, the police can't stop you. If it was a camera, I'd be asking for photographic evidence and calibration certificate. If it was plod with a gun, I'd want the calibration certificate. You never know you might get lucky. Basically comes down to whether your niece feels it's worth fighting (and possibly extra fine/points for doing so), I realise bottom line is she was speeding, but seems very petty and like local plod want to up their stats. As an old git, I'd fight it. On the other hand if she can do the awareness course (another lad of b**locks, designed to line pockets of ex plod) and avoid points, may be a "good" option
no way I would take that, Id fight it. even if you did lose you cant get more than 3 points for 3mph over the limit. fill out the court bit on the back of the ticket.
I wouldn't be so sure on that. 3pts/£60 is a standardised "paperwork processing" fine. From memory of previous instances, if you decide to go to court, the gloves are off. The judge can hit you with what they feel like - you'd better hope they don't want to make an example of you. I know of a few people who decided they wanted to fight it rather than take the standard 3pts, and ended up worse off (to the tune of an extra point or 2, and 4 or 5 times the fine)
The point here is not so much arguing over speedo error or the 2% tolerance sometimes allowed by Plod....... ....because if the vehicle has an ambitious speedo error (it's illegal to have one that reads under the actual speed) then it must have been reading more like 35 - 37mph, in which case surely it would have been advisable to have been driving so it read 30mph (and actually doing 27mph). In these circumstances, it would be better to examine the legailty of the speed limit in place on that road......you would be surprised how many do not comply with the law they are trying to enforce. AL.
Im sure I seen a link for court guidelines on speeding, and it was 5mph and over that got 6 points or more if you were to contest.I contested 6 points for speeding and dangerious riding, the judge must have liked me for I walked away with 3 points.
In Suffolk, I think it is 30mph + 10% + 2mph so you get done at 35 but not at 34......although in the back of my mind I thought it was safe at 32 but not at 33. AL
