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Logician
Posted on: Today, 11:27


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QUOTE (RocketRonnieRadox @ Mon, 15 Oct 2018 - 12:12) *
Thanks all. Does being a hot spot qualify the location for more signs and hence be some for of mitigation ? The sings are clear in one direction but not the other.


Not a chance. Approaching that stretch of road you either come off the by-pass which is clearly signed, from the West which is clearly signed, or from the East, where you are already in a 30 mph zone and there is no indication the limit has changed so it continues at 30 mph. The limit has not recently changed from 40mph, it has been 30mph for at least 8 years, so your friend must have been mistakenly thinking it was a 40 limit when it was not. I suggest he pleads guilty when he gets to court, does not attempt to offer mitigation because there is none, and apologises for wasting everyone's time.

  Forum: Speeding and other Criminal Offences · Post Preview: #1425342 · Replies: 10 · Views: 266

Logician
Posted on: Today, 10:32


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Will this offence take him to 12 or more points? I am wondering why he was not offered a fixed penalty.

Do you mean Haslingden Western Bypass? I am struggling to see any sign that Grane Road between those two points was ever a 40mph limit. It was certainly a 30mph limit in September 2015 which is the first time Jubilee Road was signed as 20mph, the other s of those signs show Grane road as a 30mph limit. LINK

  Forum: Speeding and other Criminal Offences · Post Preview: #1425319 · Replies: 10 · Views: 266

Logician
Posted on: Sat, 13 Oct 2018 - 08:45


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QUOTE (Wheels @ Sat, 13 Oct 2018 - 09:38) *
QUOTE (The Rookie @ Sat, 13 Oct 2018 - 06:00) *
I think you’ll struggle to get an appeal heard on the first case, I can’t see you have any good reason for not appealing in time. You need to be much better prepared for the second case, you need to be sure if it’s non receipt of the reply or that they found it unsatisfactory for some other reason. Can you ask the nominated driver if they received anything at all, better still if they will agree to be a witness to the fact that they were indeed driving and thus your daughter had nothing to gain by not replying.
I think he would for both cases? The delay in replying is discussing it with my daughter, when she's in the correct frame of mind to discuss it, her fear of appearing in court and having a melt down in front of others and now realising that that is a better option than losing her licence. I wanted to appeal immediately, but on advice of a friend that points for failing to provide details is not so frowned upon for insurance purposes than speeding or red light and it wouldn't affect her as badly for renewal, she thought she'd just take it, it has been a long road working with her to see that she shouldn't take a guilty when she's innocent because it will come back and bite you later, which it is doing now.


I am afraid that the advice you received from a friend is entirely wrong, insurance companies do not like failing to provide convictions at all, they wonder what was so bad about a person's driving that they preferred to accept 6 points rather than admit to being the driver. Speeding on the other hand is something that many drivers have had points for, and those who haven't will probably get them sooner or later.

  Forum: Speeding and other Criminal Offences · Post Preview: #1424795 · Replies: 35 · Views: 1,267

Logician
Posted on: Fri, 12 Oct 2018 - 22:49


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QUOTE
And I definitely recall it was amber and not red when I went past the barrier


It may have been amber when you went past but red by the time the back of your car went past.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424753 · Replies: 6 · Views: 512

Logician
Posted on: Fri, 12 Oct 2018 - 22:38


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1. No
2. Your son has no defence based on the NIP and is frankly unlikely to have another, so best for you and he to return the paperwork quickly because he is just within the scope of a speed awareness course, provided he has not done one for an offence within the previous 3 years.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424748 · Replies: 3 · Views: 338

Logician
Posted on: Fri, 12 Oct 2018 - 22:32


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A common mistake, most only discover it when they receive a court notification. Hopefully you will be in time to put it right.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424746 · Replies: 3 · Views: 371

Logician
Posted on: Fri, 12 Oct 2018 - 22:30


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QUOTE (nosferatu1001 @ Fri, 12 Oct 2018 - 09:20) *
Wouldnt the TT99 code show up on the licence checker? I presume that would show for a number of years? (Ive not seen this myself, I'm just still confused by the points and ban and trying to work it out. Would be good if OP can confirm some details!)


Quite right, it stays for 4 years, the mystery deepens.

  Forum: Speeding and other Criminal Offences · Post Preview: #1424744 · Replies: 24 · Views: 1,098

Logician
Posted on: Fri, 12 Oct 2018 - 01:47


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The police would be able to prove that they posted the identity request, and it is assumed to be delivered two business days later, unless it can be proved that it was not. Proving a negative is of course very difficult, and this is the situation for all drivers. Evidence of previous problems with post may help, if there is any. If your daughter cannot manage her affairs, and has a history of shoving unopened mail in drawers, then it may lessen the value of her evidence that she did not receive the letter. I fear that if you push too hard on her condition and her melt downs, you are rather raising the issue of whether she should actually be driving at all.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424401 · Replies: 35 · Views: 1,267

Logician
Posted on: Thu, 11 Oct 2018 - 23:37


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QUOTE (Rambo1701 @ Thu, 11 Oct 2018 - 22:33) *
If all I am getting is 3 points and £100 is fine, I just thought because it was 91 in a 70 that puts me in the Band B which is a weeks wage and 4-6 points, did not realise the harsher penalties/fines were only applicable for court.


The sentencing guidelines for offences dealt with in court were revised in April 2017, and it was so badly announced and reported that confusion like yours is widespread. Fixed penalties are normally offered up to 50 mph in a 30 limit (55 in some areas) and up to 25 mph over the limit for limits of 40 to 70 mph.

  Forum: Speeding and other Criminal Offences · Post Preview: #1424393 · Replies: 6 · Views: 283

Logician
Posted on: Thu, 11 Oct 2018 - 20:37


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QUOTE
Can I request the device calibration certificate?


You can request what you like, but it is some sort of urban myth that such a certificate may help you, even if it is out of date it does not override the statutory assumption that the device is accurate. After many years on this forum I have never come across a case where a calibration certificate was of any use at all, so my advice is to forget about that and just accept the fixed penalty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424358 · Replies: 6 · Views: 283

Logician
Posted on: Thu, 11 Oct 2018 - 16:40


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Is your small distribution company run as a limited company or by you as a sole trader or partnership?
  Forum: Speeding and other Criminal Offences · Post Preview: #1424261 · Replies: 4 · Views: 320

Logician
Posted on: Thu, 11 Oct 2018 - 11:16


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If you take a course you may have to notify your insurers if the policy states that, most do not but Admiral group companies do.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424168 · Replies: 14 · Views: 363

Logician
Posted on: Thu, 11 Oct 2018 - 11:12


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QUOTE (gas man @ Thu, 11 Oct 2018 - 12:05) *
Excellent the rookie Whats the cost


Depends on the provider, you will have to look that up yourself.

  Forum: Speeding and other Criminal Offences · Post Preview: #1424166 · Replies: 12 · Views: 348

Logician
Posted on: Thu, 11 Oct 2018 - 11:11


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QUOTE (666 @ Thu, 11 Oct 2018 - 06:59) *
QUOTE (Logician @ Thu, 11 Oct 2018 - 00:05) *
QUOTE (southpaw82 @ Wed, 10 Oct 2018 - 17:34) *
QUOTE (Irksome @ Wed, 10 Oct 2018 - 14:54) *
No, they wouldn't ride like a complete tool ... having taken several 'ridesafe' courses (1 on 1 or 2 on 1 courses with a Police motorcyclist on the road), one is encouraged to 'make progress' and where sensible that may include exceeding the posted limit (Having a fully liveried motorcycle up your chuff as you pass 90 encouraging you to go a little faster is an odd experience!)
Pretty poor training by them then, since no exemption applies.
Arguably the vehicle is being used for a police purpose in training the rider?
But that exeption does not apply to the trainee ....


The exception applies to the vehicle, not the driver.

  Forum: Speeding and other Criminal Offences · Post Preview: #1424165 · Replies: 38 · Views: 2,307

Logician
Posted on: Wed, 10 Oct 2018 - 23:05


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QUOTE (southpaw82 @ Wed, 10 Oct 2018 - 17:34) *
QUOTE (Irksome @ Wed, 10 Oct 2018 - 14:54) *
No, they wouldn't ride like a complete tool ... having taken several 'ridesafe' courses (1 on 1 or 2 on 1 courses with a Police motorcyclist on the road), one is encouraged to 'make progress' and where sensible that may include exceeding the posted limit (Having a fully liveried motorcycle up your chuff as you pass 90 encouraging you to go a little faster is an odd experience!)
Pretty poor training by them then, since no exemption applies.


Arguably the vehicle is being used for a police purpose in training the rider?

  Forum: Speeding and other Criminal Offences · Post Preview: #1424050 · Replies: 38 · Views: 2,307

Logician
Posted on: Wed, 10 Oct 2018 - 22:56


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QUOTE (Eric68 @ Wed, 10 Oct 2018 - 18:12) *
My speed was 60. The table says upto 56. Then the far right hand says 66 and above but all other cases. I’m over the 56 but under the 66. I hope that makes sense. You’re right there is so much to read.


It is not very clear and you have to read it bearing in mind the statement above, that the various sanctions come in at the speeds indicated. So on the 40 limit line, a fixed penalty comes in at 46 when a course is not appropriate, a course may be given up to 53, and it goes to court at 66. Your speed was 60, so you are above the level for a course but below the level for court, so it is a fixed penalty offer for you.

  Forum: Speeding and other Criminal Offences · Post Preview: #1424048 · Replies: 28 · Views: 821

Logician
Posted on: Wed, 10 Oct 2018 - 22:38


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QUOTE (Vitss @ Wed, 10 Oct 2018 - 20:43) *
No Jlc,where can that documentation find it please


Jlc was asking what you had seen that gave you the impression there had to be a 6 month gap. To be clear, there is no requirement for a 6 month gap.

  Forum: Speeding and other Criminal Offences · Post Preview: #1424045 · Replies: 10 · Views: 306

Logician
Posted on: Wed, 10 Oct 2018 - 22:34


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QUOTE (TonyS @ Wed, 10 Oct 2018 - 19:24) *
QUOTE (chocolate7 @ Wed, 10 Oct 2018 - 17:26) *
... As I understood from them, there was a court hearing and I was apparently given 6 points and was disqualified from driving form October last year till April this year.
Points and a ban for the same offence? Unless you already had 6 points prior to this, have you checked exactly what offence(s) was charged?


A six month totting disqualification seems to fit, the offence itself would not attract a disqualification of that length. So probably it was 6 points for s.172 on top of presumably another 6 points, perhaps from another s.172. A totting disqualification would wipe the points off the licence, and the OP says that none are now showing It cannot have been a new driver revocation, as no new licence would have been issued without a test.

I think the OP needs to ask the DVLA for the history of his licence, not just the current position, as he may need to make two stat decs if he got previous points he was unaware of.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424044 · Replies: 24 · Views: 1,098

Logician
Posted on: Wed, 10 Oct 2018 - 14:08


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You know the vehicle was off the road so you think paying all the back tax is greatly excessive, but as far as the system is concerned no tax was paid for two years, no SORN was received, and then the vehicle was found on the road, so it could have been used on the road for two years, and therefore not only the back tax but a penalty is due. I am sorry, but even if you could prove the vehicle was off the road you are not going to get out of this one or even reduce the amount. All you can do is spread the pain as much as possible.
  Forum: Speeding and other Criminal Offences · Post Preview: #1423831 · Replies: 15 · Views: 562

Logician
Posted on: Tue, 9 Oct 2018 - 23:45


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If anything you seem to have been fined at below the guideline level, so it would be a mistake to appeal against the fine as it is unlikely to be reduced and could be increased. There is a great deal of bureaucracy to car ownership and if you do not get it right, then unfortunately the penalties can be quite heavy and do mount up in the case of road tax. As the car was untaxed for so long you should have received a number of reminders.
I doubt whether the court office will accept as little as £20 pcm, that rate would take 4 years to clear the fine, but you will just have to see what they will accept.
  Forum: Speeding and other Criminal Offences · Post Preview: #1423693 · Replies: 15 · Views: 562

Logician
Posted on: Tue, 9 Oct 2018 - 23:26


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The police do not routinely check on the insurance situation of cars caught speeding, only if there becomes an issue for one reason or another, so no reason to think they will raise it. However, it is an offence not to insure a vehicle unless it is on SORN, and this is checked by comparing the DVLA and MIB databases, nothing to do with the car being on the road, and that offence does not carry points.

Why would you think insurance on your other car would cover you for a car you lease, when the clause you quote states "…may also drive with the owners permission a motor car that is not owned by or registered to, or hired, rented or LEASED to, them...…"?
  Forum: Speeding and other Criminal Offences · Post Preview: #1423690 · Replies: 7 · Views: 509

Logician
Posted on: Tue, 9 Oct 2018 - 09:13


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The filming was ay 0521 if the clock on the video was correct, but I could not see clearly enough to tell what hours the bus lane was operative. I notice the camera bike is in the bus lane most of the time and other traffic is mostly avoiding it.
  Forum: Speeding and other Criminal Offences · Post Preview: #1423467 · Replies: 38 · Views: 2,307

Logician
Posted on: Tue, 9 Oct 2018 - 00:26


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You could be disqualified instead of being given points but I doubt you would find a magistrate in the land who would do that, your offence does not reach that level of seriousness and, as you know, there is a specific guideline not to disqualify to avoid revocation. You have to resign yourself to having your licence revoked, but you can re-take your tests as soon as you can get a booking. Even after getting the points you can continue driving until the DVLA notifies you of the revocation. Note that this is an administrative action, the magistrates' court is not involved and has no power to stop it. I am afraid that another effect is going to be a hike in your insurance premiums as a result of this endorsement, which insurers do not like.
  Forum: Speeding and other Criminal Offences · Post Preview: #1423427 · Replies: 6 · Views: 520

Logician
Posted on: Mon, 8 Oct 2018 - 18:29


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I can't see anything in that piece of riding that inconveniences anyone else, or anything worth reporting to the police.
  Forum: Speeding and other Criminal Offences · Post Preview: #1423377 · Replies: 38 · Views: 2,307

Logician
Posted on: Mon, 8 Oct 2018 - 16:51


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QUOTE (Eric68 @ Mon, 8 Oct 2018 - 17:33) *
Hello, I have just been caught speeding and had a NIP through. It was 60mph in a 40mph limit. Can anyone advise what the outcome will be? I have read so much online and all seem to apply to going to court. Will I go to court in this case? Any help or advise welcomed. Thank you.


Too fast for a course, too slow for court but a fixed penalty will be just right.

  Forum: Speeding and other Criminal Offences · Post Preview: #1423362 · Replies: 28 · Views: 821

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