Speeding charge on the A9 - some questions

[jukeboxs]

I have received a "requirement to identify the driver" notice from Police Scotland, in compliance with the terms of Section 172 of the Road Traffic Act 1998.

Looking for the forum's guidance please (as I've never been charged for speeding before, and the rules seem to have changed in recent years - now much more expensive!).

Details:

• Offence: doing 56 mph in a 40 mph zone, supposedly on a section of roadworks on the A9 (standard limit 60 mph)
• I think this was an average speed camera (as offence location states: "A9 SB Bankfoot 500m north of Bankfoot north junction to 430m south of B867 junction"
• Leased car (BMW 520d) - notice received 1st December, dated 28 Nov, with offence dated 4th Nov (22:41)
• No points on license currently
• I don't have a dash cam (sadly)
• I was returning from a 7-hour round trip from Glasgow to Elgin, and don't remember the circumstances at the time (e.g. visibility of the speeding signs, whether there were roadworks on this section of the A9, etc.).
• I don't normally drive at excessive speeds (e.g. I do 65mph normally on the motorway - party for fuel economy). If the facts behind this fine are correct, it would have been because I didn't notice / see the 40mph signs, and thought it was a 60mph zone.

From my own reading:

• 56mph in a 40 zone only just takes me into Band B (i.e. more expensive than Band A)
• Speeding penalty for Band B 75-125% of weekly income with 4-6 points on license
• The notice should arrive within 14 days, however there is flexibility around this for hire cars (I assume also for lease cars)

My questions please:

1. Is there any scope to challenging the notice on the grounds that it arrived after 27 days, well after the 14 day window? [E.g. should I ask Alphabet when they received notification from Police Scotland as the registered keeper?]
2. The fact I've been apparently clocked at 56 mph seems quite suspicious to me, given this takes me only just into the Band B bracket. How could this be challenged?
3. I assume it's worth asking for photographic evidence of the offence details? This may be provided as standard when they eventually issue the fine / proceedings.
4. How do they derive Weekly Income (for setting the fine), and indeed the points to allocate?
5. The maximum implied fine for Band B is 125% of weekly income (this could be over £1-1.5k), which seems excessive. As such, is it more common for accused speeders to seek legal advice to challenge these? I might do that (e.g. Which Legal or Just Answer Law).

I thought I might take a drive up to look at the current signs at that section of the A9, although as a month has passed this may be a waste of time (anything could have changed since then).

I realise speeding should incur a fine, I am more concerned that the 40 mph signage was inadequate, and the 56 mph statistic seems quite a coincidence.

Any advice you can give (from knowledge or own past experience) would be greatly appreciated.

Thanks in advance.

[wileeeeeey]

The fines are capped. £1k normal roads £2.5k motorways. I got done doing way over a 30 on country roads near my house by a mobile van and admitted it was me. They sent me a load of paperwork which said plead guilty and you usually get 30% off.

I was issued SP30 with 6 points and a £493 fine which was a significant discount against the £1k cap that I was expecting. There was an admin fee and a victim surcharge on top. Think it totalled at about £700 but by the time I had updated all the insurance etc it was £1k in the end.

Can't give any further advice but best of luck.

[blackal]

The fines are capped. £1k normal roads £2.5k motorways. I got done doing way over a 30 on country roads near my house by a mobile van and admitted it was me. They sent me a load of paperwork which said plead guilty and you usually get 30% off.

I was issued SP30 with 6 points and a £493 fine which was a significant discount against the £1k cap that I was expecting. There was an admin fee and a victim surcharge on top. Think it totalled at about £700 but by the time I had updated all the insurance etc it was £1k in the end.

Can't give any further advice but best of luck.

Victim surcharge - what a con!

[GraniteQuarry]

It's a clear pay up or argue in court up here; it's far easier to go the former unless you have mega evidence against it which I don't think you have.

Code SP30, which is 3 points and £100 fine. It's not going to be more, from my experience if you admit guilt it gets processed quickly at the lowest penalty.

I assume the delay in arrival was the forwarding from the hire company which is outwith the 14 day NOIP regulations, but that is the first thing to double check.

I've had a few! And we don't have the luxury of those "naughty day courses" instead of the points/fine

[Omegary]

As David said above, if it's a fixed penalty notice it'll probably be 3 points and £100 fine, I think the max points they can issue is 6 but that's is extreme circumstances.

I got caught doing around 52 in a 40 limit a couple of years ago and got 3 points and a £100 fine. First ever points in over 30 years of driving so it annoyed me no end and no option to do a speed awareness course.

As an aside I've just noticed that the points stay on your licence for 4 years these days, I always thought it was 3.

Cheers,
Gary

[trident-7]

It's a clear pay up or argue in court up here; it's far easier to go the former unless you have mega evidence against it which I don't think you have.

Code SP30, which is 3 points and £100 fine. It's not going to be more, from my experience if you admit guilt it gets processed quickly at the lowest penalty.

I assume the delay in arrival was the forwarding from the hire company which is outwith the 14 day NOIP regulations, but that is the first thing to double check.

I've had a few! And we don't have the luxury of those "naughty day courses" instead of the points/fine

I went on my first speed awareness course today. I really enjoyed it and learned quite a lot, despite beforehand thinking it would be a waste of time and was just a matter of taking the punishment. It wasn't like that at all. All in all a brilliant idea!

[thegoat]

I went on my first speed awareness course today. I really enjoyed it and learned quite a lot, despite beforehand thinking it would be a waste of time and was just a matter of taking the punishment. It wasn't like that at all. All in all a brilliant idea!

I think if you go to them in a good frame of mind, you can take a lot from them .
When I did mine , I was the only guilty one there . 😉

[wileeeeeey]

Code SP30, which is 3 points and £100 fine. It's not going to be more, from my experience if you admit guilt it gets processed quickly at the lowest penalty.

I thought the same but my SP30 is 6 points and £493. Also the 14 day post thing is only from fixed cameras. I was done by a parked van and it took months, the 14 days didn't apply.

If you're going more than 10mph over the limit you're into a different band and not eligible for the speed awareness course.

Horrible.

[trident-7]

I thought the same but my SP30 is 6 points and £493. Also the 14 day post thing is only from fixed cameras. I was done by a parked van and it took months, the 14 days didn't apply.

If you're going more than 10mph over the limit you're into a different band and not eligible for the speed awareness course.

Horrible.

It's 10% plus 9mph

[Enoch]

I thought the same but my SP30 is 6 points and £493. Also the 14 day post thing is only from fixed cameras. I was done by a parked van and it took months, the 14 days didn't apply.

If you're going more than 10mph over the limit you're into a different band and not eligible for the speed awareness course.

Horrible.

As far as I’m aware, it doesn’t matter if the NIP is from a fixed camera or a mobile camera, the 14 days to notify rule still applies.

https://www.askthe.police.uk/content/Q557.htm

[hops]

Also the 14 day post thing is only from fixed cameras.

A notice of intended prosecution is required for any applicable offence where the driver is not told at the time that proceedings may follow. Could be a fixed camera, or a single officer with corroborating evidence (i.e. hand-held laser device, calibrated speedo, 2 experienced officers together can form an opinion that a vehicle was speeding).

It also applies to careless/dangerous driving, failing to comply with certain signs and several others.

[Onelasttime]

I got done doing way over a 30 on country roads near my house by a mobile van and admitted it was me. They sent me a load of paperwork which said plead guilty and you usually get 30% off.

I was issued SP30 with 6 points and a £493 fine which was a significant discount against the £1k cap that I was expecting. There was an admin fee and a victim surcharge on top. Think it totalled at about £700 but by the time I had updated all the insurance etc it was £1k in the end.

Probably got what you deserved in the end? I'm guessing the roads are 30 limit for a reason.

[hops]

The NIP must be received by the registered keeper within 14 days, not necessarily the driver. In this case as long as the hire company got the notice in the requisite time you have no appeal on those grounds.


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[bomberman]

The NIP must be received by the registered keeper within 14 days, not necessarily the driver. In this case as long as the hire company got the notice in the requisite time you have no appeal on those grounds.


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I’ve seen a number of NIP’s that are way beyond the 14 days. Only in the past month, one has come across my desk that was dated 29 or 30 August.

I’m aware that Essex state on certainly one occasion, that the date of the offence to delivery of the NIP is irrelevant as the prosecution is in the public interest, therefore the NIP is still valid despite the the 14 period.

B

[hops]

I’ve seen a number of NIP’s that are way beyond the 14 days. Only in the past month, one has come across my desk that was dated 29 or 30 August.

I’m aware that Essex state on certainly one occasion, that the date of the offence to delivery of the NIP is irrelevant as the prosecution is in the public interest, therefore the NIP is still valid despite the the 14 period.

B

David Beckham would disagree with you. It’s a legal requirement despite what ‘Essex’ may think.

[Beanie]

I’ve seen a number of NIP’s that are way beyond the 14 days. Only in the past month, one has come across my desk that was dated 29 or 30 August.

I’m aware that Essex state on certainly one occasion, that the date of the offence to delivery of the NIP is irrelevant as the prosecution is in the public interest, therefore the NIP is still valid despite the the 14 period.

B

Does this mean that Essex (Police?) have re-written the Road Traffic Act, or just choose to ignore it?
The NIP is meant to there to protect the motorist who should have 14 days to be made aware that proceedings may be taken against them for a limited number of offences, speeding being one. The time limit is important so that events are still relatively fresh in the motorists mind. It would be unreasonable to expect anyone to recall where they were, never mind what they were doing when a summons arrives 2-3 months after the event. Simply to say it's "in the public interest" to ignore the 14 days (and unless it's been changed it needs to be posted in time to arrive within that time limit or hand delivered) is not really proportionate in my view.
If the S.172/NIP arrives well out of that time period, then surely any attempted prosecution for the offence must fail. Obviously the requirement to provide driver details will still be live and should be complied with.
Generally speaking the time limit for a summary only traffic offence prosecution means that a summons must be raised within 6 months of the date of the offence, not necessarily served within that time.
It looks like the advice already posted is sound. Fill in the requirement to provide driver details, check with the hire car company when the S.172/NIP was received, and if it turns out to have been properly served, hope for a FPN.
There but for the grace of God go us all, Iv'e yet to meet someone who is the perfect driver 100% of the time.

[the big fella]

I'm just wondering where you stand if you plead guilty as towards speed awareness course they currently offer, you'd have to pay around £130 but no points on your licence would be issued, but i'm not sure wether it's available your side of the border.

I got caught going through the lights on the east lancs at 50mph unaware the section of the lights i was going through was 40mph, just to clarify parts of the east lancs are 60mph so i share your pain.

I've read the rest of the post and GQ confirms you don't have the SAC available to you, although GQ sounds like he's had plenty of experience, and you'd only get offered if you have a clean licence and not had it before.

[jaytip]

and you'd only get offered if you have a clean licence and not had it before.

I thought there wasn’t a limit to how many SAC you can do, just that you can’t do one if you have done one within the last three years.
I’ve done two.

[adrianw]

Does this mean that Essex (Police?) have re-written the Road Traffic Act, or just choose to ignore it?
The NIP is meant to there to protect the motorist who should have 14 days to be made aware that proceedings may be taken against them for a limited number of offences, speeding being one. The time limit is important so that events are still relatively fresh in the motorists mind. It would be unreasonable to expect anyone to recall where they were, never mind what they were doing when a summons arrives 2-3 months after the event. Simply to say it's "in the public interest" to ignore the 14 days (and unless it's been changed it needs to be posted in time to arrive within that time limit or hand delivered) is not really proportionate in my view.
If the S.172/NIP arrives well out of that time period, then surely any attempted prosecution for the offence must fail. Obviously the requirement to provide driver details will still be live and should be complied with.
Generally speaking the time limit for a summary only traffic offence prosecution means that a summons must be raised within 6 months of the date of the offence, not necessarily served within that time.
It looks like the advice already posted is sound. Fill in the requirement to provide driver details, check with the hire car company when the S.172/NIP was received, and if it turns out to have been properly served, hope for a FPN.
There but for the grace of God go us all, Iv'e yet to meet someone who is the perfect driver 100% of the time.

The problem in Essex is that if the police said you did it, you did it, unless you are prepared to spend a considerable amount of money to defend it that you cannot recover.

OP if you have a clean licence pay up.

[SydR]

You were speeding. Stop looking for an ‘out’ and accept the penalty applied. Simple.

[jukeboxs]

Thanks chaps, that's very helpful (and good to get a local view too, thanks David).

[RossC]

Massive contraflow at Bankfoot currently. Has been 40 limit at the roadworks for a long time and expected to be there for another 18 months or so - part of the A9 dualling plans.

They have the small temporary average speed cameras, typical of many roadworks. The roadworks must be around 8 miles long and very memorable for most travelling the A9 regularly. Looks like those temporary cameras are connected after all - many people think these little ones are dummies.

[thegoat]

You were speeding. Stop looking for an ‘out’ and accept the penalty applied. Simple.

Yes, because they never make mistakes, do they ?

[SydR]

Yes, because they never make mistakes, do they ?

And drivers are never at fault?

[Tifa]

And drivers are never at fault?

Of course they are....but do you ever stop to check your change?

[SydR]

Of course they are....but do you ever stop to check your change?

Completely different things.

But to answer your question, very , very rarely. I use cash so little these days.

[Seamaster73]

You were speeding. Stop looking for an ‘out’ and accept the penalty applied. Simple.

Yep. Pay up, learn lesson, move on.

[Chukas]

Just take the 3 points and fine, been 40mph for a while there.

[JasonM]

As David said above, if it's a fixed penalty notice it'll probably be 3 points and £100 fine, I think the max points they can issue is 6 but that's is extreme circumstances.

I got caught doing around 52 in a 40 limit a couple of years ago and got 3 points and a £100 fine. First ever points in over 30 years of driving so it annoyed me no end and no option to do a speed awareness course.

As an aside I've just noticed that the points stay on your licence for 4 years these days, I always thought it was 3.

Cheers,
Gary

They stay on your licence for 4 years but are only ‘active’ for 3 and aren’t used towards totting up after 3 years.

[broxie]

I view speeding fines as a tax on all the times you did it but were never caught. Touch wood, I've had a clean licence for 30+ years since my "bad boy" 20's.

I grew up in Essex. The police there in the 1970s were definitely dodgy, I had 7 endorsements at one point for the most trivial items as I was always being picked on. These days you'd have some recourse but then they were above the law and an attitude to match.

[David_D]

• The notice should arrive within 14 days, however there is flexibility around this for hire cars (I assume also for lease cars)

https://www.roadtrafficlaw.com/time-...-notice-or-nip

This says "In Scotland it is sufficient that the police or Road Safety Camera Partnership can show that they sent the Notice within the 14 days. NOT that you received it within the 14 days"

- referring to a Notice of Intended Prosecution which appears to be teh same time limit for the ID request.


http://www.charlesstrachan.com/motor...e-time-limits/

[jukeboxs]

Thanks David, that's interesting to read about the different notice requirements for Scotland (a handy website too). I won't raise any objections and take what comes my way.

[jukeboxs]

Thanks Ross - I have just missed the 40mph signs. I was travelling back quite late, so I can only assume limited / no other traffic in my lane (or we were all doing c 56 mph).

Thanks all, I really appreciate the many replies.

[RossC]

Thanks Ross - I have just missed the 40mph signs. I was travelling back quite late, so I can only assume limited / no other traffic in my lane (or we were all doing c 56 mph).

That’s what I just said to the wife - must have been late, because it’s impossible to even approach 56mph during normal times.

3 points and £100 fine as expected, then. Hire cars are always the fastest cars on the road

[Fraz01]

That’s what I just said to the wife - must have been late, because it’s impossible to even approach 56mph during normal times.

3 points and £100 fine as expected, then. Hire cars are always the fastest cars on the road

Agreed, I drive that section of road quite regularly and unless it's early in the morning or late at night there isn't much chance of getting above 40 nevermind 50mph!

Interesting to know the cameras are connected though, I always thought they were fake. Sorry it had to be at your expense.