Busted

I got busted doing 46 in a 40 on the way to a meeting in Pernilla (My 2.0 Diesel Volvo). Balls.I recieved the NIP today. Can anyone help me out with these questions:

I don’t have a driver number because I have a Dutch license. Can I send the form in without that or do I need to complete a D9 form and request a counterpart before sending it off.

As I was doing 46 in a 40 I’m eligible for a speed awareness course. Is it likely I’ll get to do that? How long does it take and how much does it cost?

What is the likelyhood that they will not prosecute and I’ll get away with nothing? (Slim to none?)

I wasn’t rushing but it was an unfarmiliar road and I was following the satnav instead of taking the motorway. Be careful out there kids.

Speed awareness course is just the £60 fine and no points so if you’re offered this I’d take it.

If it says you`re eligable on the NIP you will probably get one, the one I did in London cost £90.:slight_smile:

90 quid? That’s almost as much money as I unwittingly gave that tramp at Borough market. Balls.

Harsh :frowning:

normally the course is only given to people caught 15% over the limit, any more and its straight points…

Thats the general rule when I was in…

You should probably consider contesting that ticket.

I seem to remember there being something about a +/- 4mph discrepenacy with the speedo. You may be able to claim that your speedo is a little slower then actual speed and that your MPH readout was actually closer to 42mph, and that you are effectively being charged with doing 42mph in a 40mph zone.

Which is just plain silly, you would have to watch the Speedo like a hawk if it was not permitted to go even slightly over the speed limit for a second or two. Point out you were also taking directions from a Sat Nav and that may have meant that you took your eyes off the speedo for a second or two as you were looking for roads and that you don’t feel that you were driving dangerous and merely going a known 2mph over the speed limit is hardly worth of 3 points on your licence.

Might be worth checking with someone who really knows this stuff though, but I am sure I heard about the 4mph discrepancy somewhere reputable.

If its available regardless of the cost take the speed awareness course. Your insurance will get hurt more than 60/90 quid, and last for more than just one years premiums. :slight_smile:

If his speedo is wrong, its his fault,no one elses.The camera caught him doing 6mph over the limit, small but the law is the law…Take it on the chin and dont speed on the same road. If you contest and lose, you will only get a bigger fine…

You misunderstand the point I made.I believe, though I admit I am not entirely sure, but I believe that the Law allows there to be a slight difference in the speedo reading and your actual speed. I believe this to be either 10% or 4mph.This is because of the fact that if your tyre pressure is slightly wrong, that will change your speedo readout, since the amount your tyre turns is what defines your speed for the speedometer, this will be affected by the size of the tyre on it, which is in turn affected by the amount of pressure in the tyre.Now as I said, I am not 100% on this, it is something I have read outside of my legal studies, when investigating my own speeding tickets in the past, but I have heard it a lot, and perhaps someone with more knowledge in this area can clear up whether it is true or an urban myth.

I get the point you made quite clearly.Aren’t the tyre pressures his responsibility as its his vehicle tho?:)As his speed was low, the tyre pressure’s would have to be stupidly low for the speedo to be out so much at a low speed, its mainly the higher end I thought the speedo wasn’t very accurate. I could be wrong. I never did traffic law. Only PACE and whens the right time to nut someone and when not too;)

As I say, it isn’t something I know is correct legally either.I think the point that the law would make is that it is an unneccessary burden to have to check any number of things on the vehicle that may affect the accuracy of the speedo by a very small degree each time you used a vehicle. So they give a 4mph or 10% discrepenacy to cover those.I think it may be 10% because as you say, the faster you go, the more the discrepancy will show up, thus at 40 mph it will be 4mph and at 70mph it will be 7mph.

It is unlikely you will receive a fixed penalty ticket as you do not have a UK licence which means that if the area you were caught does not offer driver improvement courses, then you will be summonsed to appear before the Magistrates.

In respect of the accuracy, the margin is +10% so in law 44 in a 40 is bookable, 46 is a slam dunk and a no brainer I am afraid and will therefore result in you loosing if you chose to contest it.

All you can do is wait to see if the NIP falls through your letterbox and then make a decision once you have looked at the paperwork.

The NIP fell through my letterbox, that’s how I know it’s a 46 in a 40. In the documentation attached 46 in a 40 is elligible for the speed awareness course which they describe in the letter so hopefully I’ll just get that.

I’m just a bit annoyed that I wasn’t doing it consciously as if I had been it would have been 50 in a 40, however that is straight points and no course sadly so maybe it was a good thing. I’ve just updated my Garmin so hopefull that’ll help in the future.

I think you’ll find that the ACPO standard is 10% +2mph… thus 46mph… however Camera Safety Partnerships are a law unto themselves and are they are very revenue hungry… most Fixed speed compliance infrastructure is 10% + 4-5mph thus 48-49 in a 40.

What type of camera got you? A van based unit or something fixed? I think you’re unlucky to get done for 46… With regard to the points issue, regardless of where your license is from you will get points, the DVLA will create a driver number for you and they will be applied to that… Dont listen to anyone who suggests you must exchange your EU license in order to take the points… that’s utter rubbish.

I would take the course if your given the option and as for contesting it on such a small amount over i think it may be against yourself to prove the fact that your speedo is wrong etc and that can cost a lot more to have the speedo sent off for calibration to prove this and as for tyre pressures etc depends on the bike as some now have the pickup point located on the gearbox/chain/sprocket …

and as for the advice saying that you were in the process of looking at your satnav would not saying that actually be admitting you were paying more attention to your sat nav than the road around you put you more in a position to be charged with some other offence

I have too been told by friends who work within different fields of the force that there is a general allowance of +10% ( why have a -10% your not going to get done for doing 37 in a 40 now are ya
) but they also generally tend to also stipulate that the sign says 40mph and that is the maximum permitted speed irrevelant that your speedo may be out and as said that is on the onus of the rider/driver at the time …

I admit that for a tiny oversight that this is a bit frustrating for yourself and wish you the best with it

Thanks for all the advice everyone. I’ve sent it off today so I’ll let you know the outcome. Hopefully it’ll be the course.

Regardless I feel a lot better for reading all the responses.

Depends on the area. Mine is a straight 10% used to be 10% + 4, some are 0%

Different force policies are in place and I am well aware of ACPO policy

something to bear in mind, your speedometer is unlikely to be correct, in the UK manufacturers set their speedometer’s to within 10% (generally low) if you check your speedometer against a satnav you will often see the disparity, this suggests that for you to be booked at 46mph your speedometer may have been showing as high as 51mph! strangely in the states speedometer’s have to be calibrated to within 1% !