Speeding help |
Speeding help |
Thu, 9 Apr 2009 - 14:28
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#1
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
My first forum, so hope it works.
Yesterday I was on my motorbike traveling through a quiet village. Up pops a yellow vest 30 yards in front of me and points a device at me. On passing the chap, I noticed he was a Community Support Officer, with what looked like a radar gun, now under his arm. He got out his notebook and I assume wrote down my reg after I had passed. Can I be prosecuted if he caught me, even though I was not stopped, and there is no camera evidence ? . |
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Thu, 9 Apr 2009 - 14:28
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Thu, 9 Apr 2009 - 14:51
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#2
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Yes. They'd have to serve a notice of intended prosecution on the registered keeper within 14 days.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 9 Apr 2009 - 15:04
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#3
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Member Group: Members Posts: 13,506 Joined: 9 Jan 2008 From: manchester Member No.: 16,521 |
edit
This post has been edited by jobo: Thu, 9 Apr 2009 - 15:13 -------------------- jobo
anyone but Murray, Wish granted for another year, |
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Thu, 9 Apr 2009 - 15:07
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#4
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Member Group: Members Posts: 1,340 Joined: 18 Apr 2008 From: Warwickshire Member No.: 18,924 |
I take it you have a legal number plate (correct size with the correct font etc etc)? Many of us bikers have a slightly smaller plate/font and risk the £30 non endorsable fixed penalty, but it does make it slightly harder to read at a quick glance
How fast do you think you may have been going? This post has been edited by ict_guy: Thu, 9 Apr 2009 - 15:07 |
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Thu, 9 Apr 2009 - 15:18
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#5
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
Thanks, standard number plate and probably about 40 mph !!
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Thu, 9 Apr 2009 - 15:24
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#6
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Member Group: Members Posts: 1,340 Joined: 18 Apr 2008 From: Warwickshire Member No.: 18,924 |
Thanks, standard number plate and probably about 40 mph !! Like Southpaw has said, the NIP must be served on the registered keeper within 14 days of the offence. That speed would certainly be an offer of a fixed penalty - 3 points and £60 fine. Or, you may be eligable for a speed awareness course, you'll have to wait and see. |
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Thu, 9 Apr 2009 - 15:27
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#7
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
Thanks. My queery is therefore the officers word againt mine, with no photo evidence, and not being stopped at the time. I thought they had to show the evidence ? Also, can I claim that the device may have caught the following traffic as I am such a narrow target ?
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Thu, 9 Apr 2009 - 16:09
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#8
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
The word of one witness corroborated by an approved device is sufficient evidence to convict you. There is no requirement for photos or video. You can claim what you like but the CSO will no doubt claim they targeted you and unless you can show otherwise it'll be difficult to disprove that.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 9 Apr 2009 - 16:25
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#9
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
THanks for that. THe ACPO guidelines suggest that "The accuracy of mobile devices must be checked by driving a vehicle with a calibrated speedometer through the beam at a predetermined speed, at the commencement and completion of operations at each location (the speed being compatible with the site being checked). Is there any mileage in challenging this as there was only 1 cso at the schene ?
Also if I can provide evidence that he was not "clearly visible to the public and the target vehicle throughout the check" ie he was obstructed by a telegraph pole, would that stand up ? |
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Thu, 9 Apr 2009 - 16:53
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#10
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
There is no requirement for the operator to be visible. If you can cast doubt on the accuracy of the device then do so. However, just because there is one operator doesn't necessarily mean that the checks have not been done.
All this is academic unless and until you receive an NIP. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 9 Apr 2009 - 17:57
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#11
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
OK, finally then, if I was speeding, will it always end in a NIP? or can the officer issue just a warning (I refer to your suggestion of "unless")
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Thu, 9 Apr 2009 - 18:13
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#12
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
A warning can be issued (as with community speedwatch schemes) but this would be unusual. I'm afraid it's a case of wait and see.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 10 Apr 2009 - 08:56
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#13
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
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Fri, 10 Apr 2009 - 08:59
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#14
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Member Group: Members Posts: 7,686 Joined: 21 Dec 2004 From: ------------- Member No.: 2,073 |
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Fri, 10 Apr 2009 - 09:02
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#15
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
no idea, they are refered to as ACPO guidelines !!
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Fri, 10 Apr 2009 - 09:12
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#16
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Member Group: Members Posts: 7,686 Joined: 21 Dec 2004 From: ------------- Member No.: 2,073 |
no idea, they are refered to as ACPO guidelines !! Its may be referred to as 'guidelines, but it is titled a 'Code of Practice'. But irrespective whether is is considered guidelines or a CoP, with no requirement in statute for speed enforcement to be visible, conspicuous or advertised, then a breach of the guidance laid out in the RPET document does not automatically create a defence or mitigtation of an offence so detected. |
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Fri, 10 Apr 2009 - 09:21
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#17
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
QUOTE But irrespective whether is is considered guidelines or a CoP, with no requirement in statute for speed enforcement to be visible, conspicuous or advertised, then a breach of the guidance laid out in the RPET document does not automatically create a defence or mitigtation of an offence so detected. therefore, in Law, the guidelines can be flouted, ie Officer hidden in a bush, no calibration proof, the device has not been checked against a police vehicle fitted with a certified calibrated speedometer,several vehicles in field of view, etc..... and the offender can still be found guilty. Shamefull really !!! Waste of time having guidelines if they cannot be used in mitigation. |
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Fri, 10 Apr 2009 - 09:34
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#18
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Member Group: Members Posts: 5,002 Joined: 17 Mar 2008 From: Worcestershire Member No.: 18,111 |
I would imagine that officers operating speed detection need to be fully qualified in that equipments operation. Would this be the case with CSO's?
Seems to me that to have CSO's on every street with a "gun" & therefore the authority to issue summons's is the thin end of the wedge. How much longer before my granny is invited to act as judge, jury & executioner on her road because speeding MUST be stopped This post has been edited by Transit man: Fri, 10 Apr 2009 - 09:34 -------------------- Now driving a Mercedes Sprinter, the Transit died of too much work.
Results for last 5 years:- 12 PPC tickets received, 0 paid 2 Council tickets received, 0 paid (both canceled) 2 Nip's in 40 years 1 paid (damn!) 1 SAC, duly educated! |
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Fri, 10 Apr 2009 - 09:35
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#19
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Member Group: Members Posts: 7,686 Joined: 21 Dec 2004 From: ------------- Member No.: 2,073 |
therefore, in Law, the guidelines can be flouted, ie Officer hidden in a bush, no calibration proof, the device has not been checked against a police vehicle fitted with a certified calibrated speedometer,several vehicles in field of view, etc..... and the offender can still be found guilty. There are requirements of statute; requirements which have been established by case law; requirements of Type Approval and then there is 'guidance'. And one shouldn't necessarily be confused for another. |
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Fri, 10 Apr 2009 - 09:45
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#20
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Member Group: Members Posts: 11 Joined: 9 Apr 2009 Member No.: 27,703 |
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