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legal
guide to UK motoring, sections for law enforcement, Driver licensing,
learner and new drivers, buying and selling, speeding fines, owning a
vehicle, wheel clamping, traffic information
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Caught Speeding?The questions and answers below have been included on the website to answer the some questions drivers may have if they have been caught speeding. A summary fact sheet is also sent out with the Fixed Penalty Notice. * This section contains general information only. Always consult a solicitor for more specific advice. Can I have a copy of the calibration certificate for the speed detection equipment? No. As this is a summary offence no advanced disclosure is required. The certificate is to support the prosecution case and will be produced at court. This section contains general information only. Always consult a solicitor for more specific advice. Can I have a copy of the photograph? No. the photographic / videographic evidence is to support a Police prosecution case. The photograph should not be relied upon for identification purposes of the driver. The driver may not be in full view or the photograph may be a rear shot of the vehicle. Videographic evidence is only made available at a court hearing in support of the prosecution case. This section contains general information only. Always consult a solicitor for more specific advice. Can I pay a higher fine and not receive the penalty points? Not with a fixed penalty notice. The fine and the level of points are fixed and are not negotiable. You may however choose to plead your case at a Magistrates Court. The Magistrates have the power to impose much higher fines, increase the number of penalty points and to order short periods of disqualification. Your may also be ordered to pay court costs. This section contains general information only. Always consult a solicitor for more specific advice. Do I get both the fine and the penalty points? Yes. Speeding is classed as an endorsable offence and therefore the points cannot be separated from the fine. This section contains general information only. Always consult a solicitor for more specific advice. How long will the penalty points stay on my licence? Penalty points are valid for a period of 3 years, but cannot be removed from your licence until 4 years have elapsed. This section contains general information only. Always consult a solicitor for more specific advice. How many points can I have before I get banned ? The maximum number of points is 12. Once this is reached you would normally be banned from driving. However, recently qualified drivers can be reverted back to learner status if they exceed 6 points. If however, you have been caught at an excessive speed or driving in a dangerous manner you can be given an outright ban at the magistrates court. This section contains general information only. Always consult a solicitor for more specific advice. I already have eight or more points on my driving licence what do I do? More that eight points on your driving licence prevents the matter being dealt with by a conditional offer and you will need to notify the Central Ticket Office in writing. This section contains general information only. Always consult a solicitor for more specific advice. I can explain why I was speeding. Can I get the ticket cancelled? The fixed penalty process is designed to minimise cost and time. The enforcement officer on the day is not in a position to remove or delete any offences. If you feel you have a valid defence or mitigation and don`t wish to accept the offer of a fixed penalty your case will be passed to the Courts to deal with at their discretion. This section contains general information only. Always consult a solicitor for more specific advice. I don`t know who was driving. Will the photograph show the driver? The photograph should not be relied upon for identification purposes of the driver. The driver may not be in full view or the photograph may be a rear shot of the vehicle. You should recheck your movements for the day and that of others who had access to your vehicle, i.e. records, receipts, bank statements etc. This section contains general information only. Always consult a solicitor for more specific advice. I sold my car recently - why is it still under my name? It is your legal duty to inform DVLA if you sell, transfer, scrap or export your vehicle. If you don`t you will continue to be liable for taxing it and will receive all correspondence relating to this and any other offences committed with the vehicle. For further information visit the DVLA website at www.dvla.gov.uk I think the police vehicle was parked illegally. Does this invalidate my offence? No. Despite media reports to the contrary, legislation allows police vehicles access and permission to park and operate in areas that normal vehicles cannot. I`ve heard that Humberside Police offers a Speed Seminar scheme. Can I attend that instead? The seminar is only offered in certain circumstances. You will be notified if this is an option in your case. My driving licence was not issued by the DVLA. Can I still accept the Conditional Offer? The Fixed Penalty system cannot accept licences, which are not of a UK DVLA format. You should, however, forward your driving licence to the Fixed Penalty Clerk who will record your details. The Magistrates Court will then deal with the matter. This section contains general information only. Always consult a solicitor for more specific advice. What duties do I have as a driver of a vehicle? As a driver of a vehicle it is your legal duty to ensure that you obey the rules of the road, you must hold a valid drivers licence and have adequate insurance. It is your duty to ensure your details are up to date with DVLA. If you have recently moved or lost your licence you will need to inform DVLA. Application forms can be obtained from your local Post Office. It is also your duty to ensure that you have adequate insurance at all times especially if you drive another persons vehicle. It is also your duty to inform your insurance company of any points you may have on your licence as this could invalidate your insurance cover. What duties do I have as an owner of a car? As the registered owner/keeper of the car it is your legal duty to ensure that your vehicle is roadworthy, adequately insured and taxed and your details are up to date with the Driver and Vehicle Licensing Agency (DVLA). It is also your duty to ensure anyone who you allow to drive your vehicle is adequately insured and holds a valid drivers licence. For further information visit www.DVLA.gov.uk What happens if I get caught more than once in a journey ? You will be fined or prosecuted separately for each time you are caught exceeding the speed limit. This section contains general information only. Always consult a solicitor for more specific advice. What happens if I get caught speeding? In most cases you will be sent a fixed penalty notice (speeding ticket), which incurs a £60 fine and 3 points on your driving licence. You can accept the conditional offer, which means that the matter is settled outside of Magistrates Court. However, you may choose to have the matter heard before the Magistrates Court. If you get caught doing excessive speed, driving in a dangerous manner or if you already have 8 points then your case will go before a Magistrate Court. This section contains general information only. Always consult a solicitor for more specific advice. What happens if I do not sign the notice? Contrary to media reports, Section 172 (&) of the Road Traffic Act states that a notice MUST be returned signed. If you return the notice unsigned you could be summoned for failing to identify the driver. This section contains general information only. Always consult a solicitor for more specific advice. What should I do if I`ve lost my licence? You should write to the Central Ticket Office and advise them you have misplaced your driving licence and are in the process of obtaining a duplicate licence. You should contact the Driver and Vehicle Licensing Agency (DVLA) urgently for a duplicate. Application forms can be obtained from your local Post Office. Once you have submitted the required documentation to DVLA you should receive your duplicate licence within 3 - 4 weeks. If you still haven`t got your duplicate licence after this time then you should contact the DVLA. You should also write again to the Central Ticket Office explaining the current position. Failure to produce your driving licence will result in the matter being dealt with by the Magistrates Court. Who sets the speed limits? Your local highways authority, taking government advice into account, sets the criteria for the speed limits. This will include the road characteristics, existing speed of traffic and the number of crashes. Before a speed limit is set the police are consulted and a traffic regulation order is issued. On motorways and trunk roads they will be set by the government Highways Agency, on all other roads it is the local authority. Why did the Police Officer not stop me at the time of the alleged offence? The alleged offence was recorded using Home Office type approved equipment, which captures an image of the vehicle at the time of the offence. Legislation permits notification being posted to the registered keeper of the vehicle, an officer is therefore not required to stop the vehicle. Are my human rights infringed if I reply to this paperwork? The Human Rights Act does not affect the requirements under Section 172 of the Road Traffic Act. Primary legislation dictates that you are obliged to provide the information requested. Failure to do so could result in prosecution. This section contains general information only. Always consult a solicitor for more specific advice. I wasn`t the driver, what happens now? As the registered owner/keeper of the car you are required by law to provide the full name, address and date of birth of the driver at the time of the alleged offence. Failure to do so could result in proceedings against you for failing to supply the information as required under section 172 of the Road Traffic Act 1988. It is also your responsibility to prove that a valid certificate of insurance covered the driver of the vehicle at the time of the offence being discovered. This section contains general information only. Always consult a solicitor for more specific advice. My notice arrived more than 14 days after the alleged offence. Shouldn`t I have received it within 14 days? The notice must be posted so that there is reasonable expectation that it will be served on the DVLA Registered Keeper within fourteen days of the offence. Subsequent notices may be served on other drivers, keepers or owners for the same offence and these will not be subjected to the 14 days regulations. This section contains general information only. Always consult a solicitor for more specific advice. The vehicle was being driven by one of my employees, what happens now? As the registered keeper of the vehicle you will be asked to identify the driver of the vehicles when the offence occurred. As a company car owner you will find it beneficial to have proper records in place that will identify which vehicles your employees were driving at the any one time. Failure to nominate a driver could results in your and your company being prosecuted. This section contains general information only. Always consult a solicitor for more specific advice. What happens if I ignore the notice? Failure to respond to the notice could result in the matter being passed to the courts for failure to provide the required information and any further offences revealed. If found guilty you could be fined up to £1,000 and have penalty points added to your driving licence even if you were not the speeding offender. This section contains general information only. Always consult a solicitor for more specific advice. |
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