Hypothetical 10% + 2
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Discussion

sonarbell

Original Poster:

226 posts

197 months

Sunday 13th October 2013
quotequote all
Just asking..

I read on here recently that someone was nicked for 79mph on the A1(M).

If the the guidelines are 10% + 2 that means 80 mph is the speed at which your are then commiting an offence ?

Or does it mean that 10% + 2 is the speed at which you "are" commiting the offence..

Ideas on a postcard please..



Dracoro

9,035 posts

275 months

Sunday 13th October 2013
quotequote all
It's just a guideline, you are committing the offence at 71mph.

Many/most adhere to the guideline but they don't have to.

vonhosen

40,597 posts

247 months

Sunday 13th October 2013
quotequote all
You are committing the offence as soon as you go over 70, at what point it is decided to prosecute doesn't alter that.

Ozzie Osmond

21,189 posts

276 months

Sunday 13th October 2013
quotequote all
sonarbell said:
If the the guidelines are 10% + 2 that means 80 mph...
I thought 10% of 70 was 7, plus 2 = 79 ??????

Nicking at 35 in a 30 is common.

Ozzie Osmond

21,189 posts

276 months

Sunday 13th October 2013
quotequote all
Here ya go,

Q: What are the ACPO guidelines for speeding prosecutions?

A: These guidelines set out the minimum figures at which a Fixed Penalty Notice and a Court Summons would normally be considered appropriate for a speeding offence, if there are no other aggravating circumstances. The minimum figure for a FPN is the posted limit + 10% + 2 mph. These figures are shown in the table below:


The ACPO Speed Enforcement Guidelines in mph
Speed Fixed Court
LimitPenaltySummons
20.... 25.... 35
30.... 35.... 50
40.... 46.... 66
50.... 57.... 76
60.... 68.... 86
70.... 79.... 96


JordanTurbo

937 posts

171 months

Sunday 13th October 2013
quotequote all
Ozzie Osmond said:
sonarbell said:
If the the guidelines are 10% + 2 that means 80 mph...
I thought 10% of 70 was 7, plus 2 = 79 ??????

Nicking at 35 in a 30 is common.
The way I read it he was asking how the 10% +2 is interpreted, in a 70 limit that makes 79 yes. I believe he was asking whether that means your safe up to 79 and then going to get done at 80, or whether your safe to 78 and then committing an offence at 79.

As others have said, your committing an offence at 71mph, the 10%+2 rule is just a guideline adopted by most forces as to when they decide to prosecute.

Mattt

16,664 posts

248 months

Sunday 13th October 2013
quotequote all
Why do people struggle with this concept so much?

Terminator X

20,868 posts

234 months

Sunday 13th October 2013
quotequote all
71mph is unlawful albeit chances of getting nicked there are v slim imho which is where the guidelines come in. Yes some have been nicked below the guideline amount but it's unusual for that to happen. On my SAC 99% of attendees had been nicked in a 30 zone which speaks volumes.

TX.

sonarbell

Original Poster:

226 posts

197 months

Sunday 13th October 2013
quotequote all
JordanTurbo said:
The way I read it he was asking how the 10% +2 is interpreted, in a 70 limit that makes 79 yes. I believe he was asking whether that means your safe up to 79 and then going to get done at 80, or whether your safe to 78 and then committing an offence at 79.

As others have said, your committing an offence at 71mph, the 10%+2 rule is just a guideline adopted by most forces as to when they decide to prosecute.
Jordan Turbo is correct regarding my original post. I know that at 71 mph I am commiting an offence but based on the guidelines stated: Is it 79mph or 80mph at which they decide to nick you ? (Based upon the ACPO guidelins)

Dracoro

9,035 posts

275 months

Sunday 13th October 2013
quotequote all
If they are following the guidelines, the "minimum" is 79 but could be anything higher. They may decide to just nick those "taking the piss" at, say 95+ or whatever the feel like that day.

HaloGen8

1,413 posts

159 months

Sunday 13th October 2013
quotequote all
Any person on here who says they don't break the law by speeding is telling pork pies - Fact!

Its just a case of 'when' you get caught.

agtlaw

7,415 posts

236 months

Sunday 13th October 2013
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New guidelines - in force 14.10.13.

tottacrolla

78 posts

235 months

Sunday 13th October 2013
quotequote all
surely the 10% + 2 is to allow for speedometer inaccuracy so if you drive at 70mph on your speedometer there would be almost no chance of you inadvertently breaking the law ?

vonhosen

40,597 posts

247 months

Sunday 13th October 2013
quotequote all
tottacrolla said:
surely the 10% + 2 is to allow for speedometer inaccuracy so if you drive at 70mph on your speedometer there would be almost no chance of you inadvertently breaking the law ?
Speedos by law are not allowed to under read, so if you are doing an indicated 70 you will be doing no more than 70 but may well be doing a bit less.

Dracoro

9,035 posts

275 months

Sunday 13th October 2013
quotequote all
Quite, if you are caught doing, for example, 80mph and your speedo was 10% out then your indicated speed would likely have been almost 90mph so no real excuse.

mygoldfishbowl

4,292 posts

173 months

Sunday 13th October 2013
quotequote all
sonarbell said:
Just asking..

I read on here recently that someone was nicked for 79mph on the A1(M).

If the the guidelines are 10% + 2 that means 80 mph is the speed at which your are then commiting an offence ?

Or does it mean that 10% + 2 is the speed at which you "are" commiting the offence..

Ideas on a postcard please..
10%+2 = Hypothetically committing the offence as soon as you touch 79.

Blackpuddin

19,511 posts

235 months

Sunday 13th October 2013
quotequote all
I was prosecuted for 79 on the M6.

creampuff

6,511 posts

173 months

Sunday 13th October 2013
quotequote all
Mattt said:
Why do people struggle with this concept so much?
Because it is ambiguous of 10pc+2 means 10pc+2 is the highest speed you can travel without any likelyhood of getting a ticket or if 10pc+2 is the lowest speed above the limit at which you might get a ticket.

The answer is 10pc+2 is the lowest speed above the limit at which you might get a ticket.

10pc+1 is the highest speed where you will likely not.

vonhosen

40,597 posts

247 months

Sunday 13th October 2013
quotequote all
mygoldfishbowl said:
sonarbell said:
Just asking..

I read on here recently that someone was nicked for 79mph on the A1(M).

If the the guidelines are 10% + 2 that means 80 mph is the speed at which your are then commiting an offence ?

Or does it mean that 10% + 2 is the speed at which you "are" commiting the offence..

Ideas on a postcard please..
10%+2 = Hypothetically committing the offence as soon as you touch 79.
That's a risky view to take because they can 'at their choice' prosecute for excess speed below that, but they can't at or below 70.


mygoldfishbowl

4,292 posts

173 months

Sunday 13th October 2013
quotequote all
vonhosen said:
mygoldfishbowl said:
sonarbell said:
Just asking..

I read on here recently that someone was nicked for 79mph on the A1(M).

If the the guidelines are 10% + 2 that means 80 mph is the speed at which your are then commiting an offence ?

Or does it mean that 10% + 2 is the speed at which you "are" commiting the offence..

Ideas on a postcard please..
10%+2 = Hypothetically committing the offence as soon as you touch 79.
That's a risky view to take because they can 'at their choice' prosecute for excess speed below that, but they can't at or below 70.
Yes we know that. I was answering his hypothetical question. rolleyes