Hidden Radar operator, So far...... Options

[The Vicar]

HI folks, I have been visiting the site for a while as like many I'm sure, have been searching for advice.

Anyway, firstly I'm sorry if I have put this in the wrong section and this may go on a bit, but I have been a long way with it already, but here goes....

I was on a return trip from Ireland, and got stopped for speeding very late at night, whilst driving along a major route (A road) from the port. I passed a section of road when I saw an arm retract back inside the drivers window of a car which was very nicely hidden behind a hedge alongside the carriageway which as it turned out contained 2 officers. Now this vehicle could not be seen at all from the carraigeway, as I am a very vigilant driver, being a biker too, as well as having my main beam on. There was no street lighting along this stretch of carriageway and it is a mix of Dual and single carriageway sections.

I was stopped for doing 69 on a section that has a speed limit of 60. However, I was driving a van which falls into the catagory of 2000kg's, so I should have only been doing 50mph, apparently.
Now when stopped, I was issued with a fixed penalty and was sent on my way. I said nothing in the vehicle apart from one word answers, as I am not new to this sort of stuff and tend not to say too much at the time, rightly or wrongly.

I had written a leter of complaint to the Divisional Commander of this particular division and explained the fact of these two officers were not visible for the duration of the test to neither me or the oncoming traffic, and the fact that he was hanging out of the drivers window in order to face backwards towards the oncoming traffic. I also mentioned that on this particular stretch of road there are repeater speed limit signage for HGV's to 40mph but there are no ohter catagories displayed other than the national limits. I mentioned the fact that as I was returning from a KMH system and this route was a major route for all port traffic, that if they are to enforce the speed limit by catagory then there was a need for signage for all catagories of vehicle and not just HGV's.

I got a reply, with regards to my complaint which informed me that a member of his team was going to contact me in order to resolve this matter to my satisfaction. Well, some time later I got a visit from Chief Inspector to discuss my complaint with an aim to resolve the matter.
The meeting covered all of my points to which he agreed to most of them, but did not agree that there was a need for the operators to be visible for the duration of the test, he said "It is only a guideline but is not law."

The meeting concluded and he left feeling that he had convinced me to pay the FPN, and he was going to investigate with the division and speak to the teo officers, whilst also approaching the ferry companies about the signage.
A couple of weeks went by when I received a phone call from him informing me that the signage was going ahead and that it would be in place very shortly. He asked me if I had paid the penalty, which I hadn't, as he stated that he would need for it to be paid soon as otherwise they would have to forward the matter on to the Procurator Fiscal.

Which is basically where I'm at now, I still have a very bitter pill in my mouth about the fact that they were not visible, and the fact that I was unaware that the vehicle I was driving fell in to this catagory as it is only a small van.

My second conditional offer ended 2 weeks ago so I'm now waiting.


What do you think?

This post has been edited by The Vicar: Sun, 22 Oct 2006 - 19:43

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[Rallyman72]

As regards speed limits for the vehicle you are driving these are in the Highway Code and it is up to the driver to be aware of these. Theoretically admission of a lack of knowledge of these could be argued to be driving without due care and attention so it is not a point I would labour. I would suggest that the HGV limit signage is for the benefit of foreign lorry drivers just to ensure that they are reminded of the reduced limits for their class of vehicle on our roads - it is not a legal requirement (there are already enough signs, imagine the chaos if every speed limit sign had 5 different speeds on it to cover each of the vehicle classes).

It is only CDV's (Car Derived Vans) that fall into the same limit as cars so all Transit's (including the Connect range), Mercedes Sprinter etc are subject to reduced limits whilst an Astra Van, for example, is not.

As for visibility rules these only apply to the Camera Pratnerships (and only affect whether they, in theory, keep the cash or have to pass it to Central Government) and not the Police who can set up wherever and whenever they like.

[The Vicar]

Well, this didn't get the kind of response I was looking for but never the less.

I wouldn't expect there to be the different catagory of speed limits plastered throughout the country, I was refering in particular as you emerge from a major port.


Anyway, my last contact was by telephone from the Inspector informing me that he was against time constraints and he would have to submit his findings to the P.f if I failed to pay the fixed penalty by the end of the week. Well, the end of the week passed, unpaid and that was back in October. It is now the 12th December and I have still heard nothing.

Will the cogs still be turning, taking into account that the offence was in June?



I also have a court date for an undersized numberplate on my bike, but that is another story.

This post has been edited by The Vicar: Tue, 12 Dec 2006 - 12:10

[crystal]

Hi,

You just have to wait and see now

Regards
Crystal