New Bands for Speeding in UK

New Bands for Speeding in UK

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Discussion

Chris_H

1,064 posts

279 months

Sunday 23rd April 2017
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nxi20 said:
Chris_H said:
I assume they'll do spot checks otherwise it would be a nonsense? If you take dividends from your own limited company, that would probably be regarded as income. However, if you just own other shares in other public companies, I don't think it could be.
Really? Remind me to try this with HMRC on my next tax return rolleyes
I trade shares and pay CGT on the profit. Surely that can not be considered income if it's a capital gain?

agtlaw

6,738 posts

207 months

Sunday 23rd April 2017
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Bristol spark said:
Chris_H said:
I'm interested to know how I'd be fined. I'm retired but not old enough for a pension. I have no income but live off my savings. What will they do if I was caught speeding?
Also how to they determine "income"

I only have a £9K salary wink

Do Dividends count as "income"?
Form MC100.
Salary = income
Dividend income = any other income

Reasonably confident that they audit some forms.

If no information is known, they deem £440 as relevant weekly income.

For people on a low income or no income (students, state pensioners, unemployed, etc.) they deem £120 to be relevant weekly income.



4040vision

255 posts

87 months

Sunday 23rd April 2017
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I wan eat saw a company director claim no income after he had committed a speeding offence in a new Range Rover. Parked it right outside of the court too.
Magistrates didn't find his dubious poverty plea very funny so fined him the maximum amount plus full costs.
Perhaps that was an instant audit of his means form.
If he was short of a couple of £k he could sell the Range Rover.

GPSHead

657 posts

242 months

Monday 24th April 2017
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zygalski said:
Yes, but how can we avoid getting points & a fine? That's the part I can't get to grips with.
Yes, but why post on a motoring forum if one gets pleasure from the thought of drivers being subjected to rigidly enforced, often unreasonably low speed limits, and is desperate to 'humorously' remind everyone of that, multiple times per thread? That's the part I can't get to grips with.

Engineer792

582 posts

87 months

Monday 24th April 2017
quotequote all
GPSHead said:
zygalski said:
Yes, but how can we avoid getting points & a fine? That's the part I can't get to grips with.
Yes, but why post on a motoring forum if one gets pleasure from the thought of drivers being subjected to rigidly enforced, often unreasonably low speed limits, and is desperate to 'humorously' remind everyone of that, multiple times per thread? That's the part I can't get to grips with.
Something about small things and small minds, perhaps?

MikeGoodwin

3,347 posts

118 months

Monday 24th April 2017
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Well thats gonna hurt.

Its the 60 limit I am worried about the most. 60 means fun road. The others are not an issue.

Speed kills though right...

agtlaw

6,738 posts

207 months

Monday 24th April 2017
quotequote all
MikeGoodwin said:
Well thats gonna hurt.

Its the 60 limit I am worried about the most. 60 means fun road. The others are not an issue.

Speed kills though right...
£100 fixed penalty will hurt?

voyds9

8,489 posts

284 months

Monday 24th April 2017
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In the interest of fairness perhaps prison terms should also be adjusted to hit proportionately.

Powerfully built director a month inside could be loss of business, wife etc.

Johnny Scrote a month inside is a holiday from his 3 girlfriends and 7 kids (with a playstation) and he leaves with a new skill set.

HedgeyGedgey

1,282 posts

95 months

Monday 24th April 2017
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Have I read the articles correctly? No longer can you go 10% +2mph over the limit before being prosecuted

motoroller

657 posts

174 months

Monday 24th April 2017
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HedgeyGedgey said:
Have I read the articles correctly? No longer can you go 10% +2mph over the limit before being prosecuted
Came here to ask precisely this. Sounds like the "Gentlemans Agreement" which was ignored at will previously, will now be blanket ignored... could someone clarify

SS2.

14,473 posts

239 months

Monday 24th April 2017
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The articles you refer to are awash with misleading and incorrect information.

agtlaw

6,738 posts

207 months

Monday 24th April 2017
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Journalists have presented this in an extremely misleading way.

The ACPO threshold was (and remains) 10% + 2 mph.


Edited by agtlaw on Monday 24th April 12:21

motoroller

657 posts

174 months

Monday 24th April 2017
quotequote all
agtlaw said:
Journalists have presented this in an extremely misleading way.

The ACPO threshold was (and remains) 10% + 2 mph.


Edited by agtlaw on Monday 24th April 12:21
My question is a bit more speculative - to what extent will adherence to the ACPO thresholds change (if at all) given the new structure around speeding fines?

agtlaw

6,738 posts

207 months

Monday 24th April 2017
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New structure?

GloriaGTI

509 posts

88 months

Monday 24th April 2017
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We've just been discussing this on another thread. https://www.pistonheads.com/gassing/topic.asp?h=0&...

GloriaGTI said:
I can see from looking into this further, all the new regulations means is that the magistrates have the power to fine you up to 175% of your weekly wages now, whereas before it was up to 125%.

I doubt the Police's attitude to speeding will have changed overnight. How are they going to police every single driver that exceeds 70 to overtake a lane 2 hogger, for example? Near on impossible.

Therefore, I doubt anyone is likely to get stopped doing between 71 and 77 on a motorway or a dual carriageway (where NSL is permitted).

agtlaw

6,738 posts

207 months

Monday 24th April 2017
quotequote all
That's inaccurate as there are no "new regulations" and sentencing powers have not been extended. See previous posts.

zygalski

7,759 posts

146 months

Monday 24th April 2017
quotequote all
GPSHead said:
zygalski said:
Yes, but how can we avoid getting points & a fine? That's the part I can't get to grips with.
Yes, but why post on a motoring forum if one gets pleasure from the thought of drivers being subjected to rigidly enforced, often unreasonably low speed limits, and is desperate to 'humorously' remind everyone of that, multiple times per thread? That's the part I can't get to grips with.
I've been caught speeding. Differrence is, I didn't act like a petulant child & blame everyone else apart from myself for my own actions...

GloriaGTI

509 posts

88 months

Monday 24th April 2017
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agtlaw said:
That's inaccurate as there are no "new regulations" and sentencing powers have not been extended. See previous posts.
My apologies. Maybe it was my wording.

From my understanding, there has only been amendments to Sec. 89 brought into place today.

That being an increase to the maximum amount payable for an income based fine, for Band B and C fines, if court proceedings are instituted.

Yesterdays guidelines and today's new ones seem near on identical bar the increase to Band B and C fines, if you go to court.

Maybe I'm still missing the mark.

agtlaw

6,738 posts

207 months

Monday 24th April 2017
quotequote all
GloriaGTI said:
agtlaw said:
That's inaccurate as there are no "new regulations" and sentencing powers have not been extended. See previous posts.
My apologies. Maybe it was my wording.

From my understanding, there has only been amendments to Sec. 89 brought into place today.

That being an increase to the maximum amount payable for an income based fine, for Band B and C fines, if court proceedings are instituted.

Yesterdays guidelines and today's new ones seem near on identical bar the increase to Band B and C fines, if you go to court.

Maybe I'm still missing the mark.
No legislative amendment to section 89 or related provisions. No new regulations. No new laws. No change in the 10% + 2 threshold. No change to speed awareness courses. No change to £100 / 3 point fixed penalties. If your case goes to court, the maximum fine is unchanged. No new powers of sentence. Income based speeding fines are not new - they've been around for decades.

So what has changed?

The Sentencing Council, a body independent of the government, has set out a new Guideline to be applied at court. The new Guideline is very similar to the existing Guideline except for the very highest category of offences. For example, 101 mph and above. In such a case, sentencers will now apply a starting point of a Band C fine. Until today it was Band B. Magistrates are not confined by guidelines and may depart from guidelines in appropriate cases. A guideline is not a sentencing power derived from legislation. A guideline is only a guideline.

You're right to emphasise that unless you go to court, absolutely nothing has changed. Pay a £100 fixed penalty and the matter is not dealt with by a court.


GloriaGTI

509 posts

88 months

Monday 24th April 2017
quotequote all
agtlaw said:
No legislative amendment to section 89 or related provisions. No new regulations. No new laws. No change in the 10% + 2 threshold. No change to speed awareness courses. No change to £100 / 3 point fixed penalties. If your case goes to court, the maximum fine is unchanged. No new powers of sentence. Income based speeding fines are not new - they've been around for decades.

So what has changed?

The Sentencing Council, a body independent of the government, has set out a new Guideline to be applied at court. The new Guideline is very similar to the existing Guideline except for the very highest category of offences. For example, 101 mph and above. In such a case, sentencers will now apply a starting point of a Band C fine. Until today it was Band B. Magistrates are not confined by guidelines and may depart from guidelines in appropriate cases. A guideline is not a sentencing power derived from legislation. A guideline is only a guideline.

You're right to emphasise that unless you go to court, absolutely nothing has changed. Pay a £100 fixed penalty and the matter is not dealt with by a court.
Thank you, agtlaw - nice and clear for us simple folk.