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phobo
Hi all

I recently went pass a camera van to which I think as I was going too fast as my speedo was broken, I know I may have been going to fast as I was catching up with a van next to me, but am unsure.

How do I go about this if I receive a NIP do I just send a letter explaining that speedo was broken and back it up with a receipt.

Phobo
Bluedart
QUOTE
QUOTE (phobo @ Sat, 11 Nov 2006 - 13:46) *
Hi all

I recently went pass a camera van to which I think as I was going too fast as my speedo was broken, I know I may have been going to fast as I was catching up with a van next to me, but am unsure.

How do I go about this if I receive a NIP do I just send a letter explaining that speedo was broken and back it up with a receipt.

Phobo



Your questions answered - London camera safety partnership
Below is a list of frequently asked questions that are dealt with by our London camera safety partnership section in the Force's criminal justice unit. Use the links to fast-track to an area of interest.

Why are cameras placed where they are?
This sounds like another motorists tax. What happens to all the money raised from fines?
How would I know if a camera has recorded me breaking the speed limit?
How much is the fixed penalty?
Why are there no 30mph speed limit signs in this area?
I did not see the speed limit sign, was it legal?
I did not see the camera or any signs. Doesn't the government say that they must be clearly visible?
How long will the points stay on my licence?
Can I pay a higher amount and avoid having points on my licence?
Can I be dealt with by fixed penalty without having to go to court?
My notice arrived more than 14 days after the alleged offence. Shouldn't I have been notified within that timescale?

I have lost/can't find my licence, what should I do?
I have a new style driving licence, (paper version and photocard), do I have to send in both?
What happens if I wasn't in the vehicle at the time of the offence and can't say who was driving?
If I name the driver, won't our human rights be infringed?
My speedometer was not working, so I didn't realise what speed I was travelling at.
How do you know that the equipment is accurate?
Can I have a copy of the photograph?
Can I have a copy of the calibration certificate?
I have heard that in some areas the driver can pay to take a course instead of having points on their licence, is there such a course running in Suffolk?
Can I plead mitigation?
I have read all of the above and still have a query, who can I contact?


Why are cameras placed where they are?
Cameras are only used at locations with a history of speed-related accidents. It is evident that speed in excess of the speed limit is a major contributory factor in accidents involving fatal or serious casualties.

Remember the cameras are there to remind you to drive at a safe speed, so you don't become a casualty.

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This sounds like another motorists tax. What happens to all the money raised
from fixed penalties?
A speeding fine is optional, if drivers stick to the limit, they do not have to pay a fine. If drivers don't pay vehicle tax or insurance, ultimately everyone gets penalised financially including those that do pay as required.

Only those that are caught speeding are fined which is a much fairer system. This means that truly innocent drivers aren't affected financially by the actions of others.

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How would I know if a camera has monitored me breaking the speed limit?
You will receive a Notice of Intended Prosecution in the post. Everything is explained in this notice such as where and when you were recorded and at what speed. It also explains what to do if you are not the owner of the vehicle or if you are a company car driver and the notice is sent to your
employer.

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How much is the fixed penalty?
A fixed penalty fine is currently £60 and a minimum of three penalty points are endorsed on your licence.

Why are there no 30mph speed limit signs in this area?
All roads with a system of regular street lighting have a speed limit of 30mph, unless signed otherwise. Repeater signs on such roads are required only where the speed limit is other than 30mph.This applies throughout England and Wales.

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I did not see the speed limit sign, was it legal?
Yes, at all sites where fixed and mobile cameras are in use the signing of speed limits is in accordance with legal requirements.

I did not see the camera or any signs. Doesn't the government say that they
must be clearly visible?
All Government requirements for the visibility and signing of safety cameras are complied with. Camera warning signs ensure that drivers are aware that enforcement takes place in the area. All fixed sites other then Tower Bridge are Gatso radar cameras contained in yellow housings. Mobile enforcement takes place from highly visible enforcement vehicles. For more information
click About the cameras.

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How long will the points stay on my licence?
Penalty points are valid for 3 years from the date of offence, but will not be removed from your licence until 4 years have elapsed.

Can I pay a higher amount and avoid having points on my licence?
No, the penalty is fixed (currently £60 + 3 points) and is set lower than the maximum penalty for an offence dealt with by a court (up to £1000 + 6 penalty points).

Can I be dealt with by fixed penalty without having to go to court?
Yes, but only if you have 8 or fewer penalty points on your driving licence and the recorded speed is less than:
20mph above a 30mph speed limit
26mph above any other speed limit in force.

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My notice arrived more than 14 days after the alleged offence. Shouldn't I have been notified within that timescale?
Legislation requires in normal circumstances that the Notice is sent to the registered keeper within 14 days of the offence and we comply with this requirement. If your notice arrives after this, (allowing for the postal service), you may have subsequently been named as the driver, keeper or
hirer by another person and we have complied with legislation in these circumstances.

I have lost/can't find my licence, what should I do?
You need to advise this in writing to the C.T.O Manager (giving your date of birth) confirming that you were the driver at the time of the offence. You will also need to contact the DVLA on 08702 400009 for a replacement/duplicate licence.

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I have a new style driving licence, (paper version and photocard), do I have
to send in both?
Yes, you must send in both parts of your licence.

What happens if I wasn't in the vehicle at the time of the offence and can't
say who was driving?
As the registered owner / keeper/ person responsible for the vehicle you have a legal duty to provide details of who was driving at the time of the offence. Failure to provide this information will result in prosecution under Section 172 of the Road Traffic Act 1988. Companies must keep a record of drivers, or face prosecution.


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If I name the driver, won't our human rights be infringed?
No, the Human Rights Act does not affect section 172 of the Road Traffic Act 1988, which states that you are obliged to provide the information requested and failure to do so will result in prosecution.

My speedometer was not working, so I didn't realise what speed I was
travelling at.
This does not affect the notice of intended prosecution and implies an additional offence of having a faulty speedometer in a vehicle being driven on the public highway.
phobo
Thanks Bluedart, I didn't realise it was a offence to drive with a broken speedo, would that apply even if it broke on that day as it was repaired a day afterwards.
MartinHP71
QUOTE (phobo @ Sat, 11 Nov 2006 - 14:16) *
Thanks Bluedart, I didn't realise it was a offence to drive with a broken speedo, would that apply even if it broke on that day as it was repaired a day afterwards.


Yes it would still apply. Your vehicle has to road worthy all the time and that includes a working speedo, sorry.
phobo
QUOTE (Bluedart @ Sat, 11 Nov 2006 - 14:04) *
My speedometer was not working, so I didn't realise what speed I was
travelling at.
This does not affect the notice of intended prosecution and implies an additional offence of having a faulty speedometer in a vehicle being driven on the public highway.


I found this on this site http://www.askthe.police.uk/content/Q601.htm

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Question Q601
Is it illegal to drive a car with a broken speedometer?

Answer
Any speedometer that is fitted to a vehicle must be kept in good working order whilst the vehicle is being used on a road. The penalty for failing to have a speedometer in good working order is a fine.

However, if the speedometer develops a fault whilst being used or a defect has been discovered then all steps must be taken to rectify the fault with reasonable expedition. This exception only applies when the defect develops and must be repaired before the next journey.

-----------------------------------------------------------------------------------------------------------------------------

I was was on the way to an garage who I couldn't get hold of over the phone as the number I kept calling was coming up as incorrect number as when I got there I had found that they had gone bust, but the speedo was fixed the day afterwards at another garage.

Do I just explain this in a letter, as also I was not aware it was illegal to have faulty speedo as it is not an required test for an MOT.
MartinHP71
Hi,

What it basically says that if your vehicle develops a fault you can continue to drive to a garage and get it fixed. Going down the route you are saying is that you knew your vehicle had a faulty speedo but you drove to a garage (1 journey) which was bust, you drove home (2 Journeys) and then I presume you drove to another garage to get it fixed (3rd journey) all with your speedo broken. You can certainly try with the letter explaining this but I personally would not give out much hope and the fact you didn't realise it was illegal to have a broken speedo is covered by "Ignorance of the law is no defence", sorry.

May I suggest you do nothing at this time, wait the 14 days and see if you receive a NIP and then if you do complete the NIP Wizard and post the results on here and people will help you.
phobo
Thanks MartinHP71, I may be panicing for no reason, I will wait to see what happens.

Thanks to all
Bluedart
QUOTE
QUOTE (phobo @ Sat, 11 Nov 2006 - 15:24) *
Thanks MartinHP71, I may be panicing for no reason, I will wait to see what happens.

Thanks to all

Always keep it simple, never give them what they do not require.
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