What's the damage?
Author
Discussion

CAPP0

Original Poster:

20,863 posts

233 months

Wednesday 20th March 2019
quotequote all
True story, truly not me.

Motorcyclist, on a motorway, there's a 40mph limit though some roadworks. He's pulled by an unmarked car at 78mph.

Not looking for the moral argument. The accused is employed at C-level in a large-ish global company, and earns commensurately. Let's just say his salary may actually even exceed that of an average PH director, plus significant bonuses. Don't know whether he has any points currently. Let's assume not.

He's an otherwise-respectable member of the community with no criminal record. There's been no mention of dangerous driving that I'm aware of.

So I ask: what's the damage going to be?


poo at Paul's

14,611 posts

205 months

Wednesday 20th March 2019
quotequote all
Demotion to d level and a reputation in tatters.


What has his job got to do with anything? Are fines means tested now?




Graveworm

9,226 posts

101 months

Wednesday 20th March 2019
quotequote all
CAPP0 said:
True story, truly not me.

Motorcyclist, on a motorway, there's a 40mph limit though some roadworks. He's pulled by an unmarked car at 78mph.

Not looking for the moral argument. The accused is employed at C-level in a large-ish global company, and earns commensurately. Let's just say his salary may actually even exceed that of an average PH director, plus significant bonuses. Don't know whether he has any points currently. Let's assume not.

He's an otherwise-respectable member of the community with no criminal record. There's been no mention of dangerous driving that I'm aware of.

So I ask: what's the damage going to be?
Lots of variables but well beyond fixed penalty. Likely to be a short ban and a Band C fine (125-175% weekly salary) subject to a maximum of 2.5k because it's a motorway. If they need their licence then anything is possible and specialist legal advice can really help there.

CAPP0

Original Poster:

20,863 posts

233 months

Wednesday 20th March 2019
quotequote all
poo at Paul's said:
What has his job got to do with anything? Are fines means tested now?
Well yes, I thought they were? The bit about the job was to explain that he’s fairly wealthy. I didn’t know whether there was a cap.

spookly

4,391 posts

125 months

Wednesday 20th March 2019
quotequote all
CAPP0 said:
poo at Paul's said:
What has his job got to do with anything? Are fines means tested now?
Well yes, I thought they were? The bit about the job was to explain that he’s fairly wealthy. I didn’t know whether there was a cap.
Yes, the fines are means tested. And yes, there is a cap. £2500 on motorways IIRC.

sgtBerbatov

2,597 posts

111 months

Thursday 21st March 2019
quotequote all
Graveworm said:
CAPP0 said:
True story, truly not me.

Motorcyclist, on a motorway, there's a 40mph limit though some roadworks. He's pulled by an unmarked car at 78mph.

Not looking for the moral argument. The accused is employed at C-level in a large-ish global company, and earns commensurately. Let's just say his salary may actually even exceed that of an average PH director, plus significant bonuses. Don't know whether he has any points currently. Let's assume not.

He's an otherwise-respectable member of the community with no criminal record. There's been no mention of dangerous driving that I'm aware of.

So I ask: what's the damage going to be?
Lots of variables but well beyond fixed penalty. Likely to be a short ban and a Band C fine (125-175% weekly salary) subject to a maximum of 2.5k because it's a motorway. If they need their licence then anything is possible and specialist legal advice can really help there.
In fairness if he has a load of money he'll get a good lawyer and he'll get a slap on the wrist.

poo at Paul's

14,611 posts

205 months

Thursday 21st March 2019
quotequote all
sgtBerbatov said:
Graveworm said:
CAPP0 said:
True story, truly not me.

Motorcyclist, on a motorway, there's a 40mph limit though some roadworks. He's pulled by an unmarked car at 78mph.

Not looking for the moral argument. The accused is employed at C-level in a large-ish global company, and earns commensurately. Let's just say his salary may actually even exceed that of an average PH director, plus significant bonuses. Don't know whether he has any points currently. Let's assume not.

He's an otherwise-respectable member of the community with no criminal record. There's been no mention of dangerous driving that I'm aware of.

So I ask: what's the damage going to be?
Lots of variables but well beyond fixed penalty. Likely to be a short ban and a Band C fine (125-175% weekly salary) subject to a maximum of 2.5k because it's a motorway. If they need their licence then anything is possible and specialist legal advice can really help there.
In fairness if he has a load of money he'll get a good lawyer and he'll get a slap on the wrist.
OP are you sure about the details. 40mph limit on a Motorway? I spend my life on them and cant recall seeing one in roadworks, surely it was a 50 limit? Still wont be a fixed penalty, but potentially a more minor matter if it was.
Where did this happen?

Taozzz

96 posts

103 months

Thursday 21st March 2019
quotequote all
poo at Paul's said:
OP are you sure about the details. 40mph limit on a Motorway? I spend my life on them and cant recall seeing one in roadworks, surely it was a 50 limit? Still wont be a fixed penalty, but potentially a more minor matter if it was.
Where did this happen?
Seen 40 on smart motorway a couple of times due to traffic jams, but not for road works.

deckster

9,631 posts

285 months

Thursday 21st March 2019
quotequote all
Taozzz said:
poo at Paul's said:
OP are you sure about the details. 40mph limit on a Motorway? I spend my life on them and cant recall seeing one in roadworks, surely it was a 50 limit? Still wont be a fixed penalty, but potentially a more minor matter if it was.
Where did this happen?
Seen 40 on smart motorway a couple of times due to traffic jams, but not for road works.
It was 40 at the M42/M5 junction for ages, and a few other places for sure.

RTB

8,273 posts

288 months

Thursday 21st March 2019
quotequote all
https://www.confused.com/on-the-road/driving-law/s...


If he's on north of 100k then he's looking at 2.5k for his little indiscretion.


CAPP0

Original Poster:

20,863 posts

233 months

Thursday 21st March 2019
quotequote all
poo at Paul's said:
OP are you sure about the details. 40mph limit on a Motorway?
Twas what he said, but I don't use that road so I don't know for sure.

He's also been told £2500 so that seems a given, the outstanding question will be the length of the ban I guess.

anonymous-user

84 months

Thursday 21st March 2019
quotequote all
poo at Paul's said:
OP are you sure about the details. 40mph limit on a Motorway? I spend my life on them and cant recall seeing one in roadworks, surely it was a 50 limit? Still wont be a fixed penalty, but potentially a more minor matter if it was.
Where did this happen?
Never driven the M25 then?

Seesure

1,230 posts

269 months

Thursday 21st March 2019
quotequote all
poo at Paul's said:
OP are you sure about the details. 40mph limit on a Motorway? I spend my life on them and cant recall seeing one in roadworks, surely it was a 50 limit? Still wont be a fixed penalty, but potentially a more minor matter if it was.
Where did this happen?
Seen 40mph on the M50 in roadworks many times down towards the Tewkesbury end .... most annoying when there's usually nobody around working and you end up sitting beyond a dozy Dorris who decides an indicated 35mph is fast enough for 4 or 5 miles...

sgtBerbatov

2,597 posts

111 months

Friday 22nd March 2019
quotequote all
poo at Paul's said:
sgtBerbatov said:
Graveworm said:
CAPP0 said:
True story, truly not me.

Motorcyclist, on a motorway, there's a 40mph limit though some roadworks. He's pulled by an unmarked car at 78mph.

Not looking for the moral argument. The accused is employed at C-level in a large-ish global company, and earns commensurately. Let's just say his salary may actually even exceed that of an average PH director, plus significant bonuses. Don't know whether he has any points currently. Let's assume not.

He's an otherwise-respectable member of the community with no criminal record. There's been no mention of dangerous driving that I'm aware of.

So I ask: what's the damage going to be?
Lots of variables but well beyond fixed penalty. Likely to be a short ban and a Band C fine (125-175% weekly salary) subject to a maximum of 2.5k because it's a motorway. If they need their licence then anything is possible and specialist legal advice can really help there.
In fairness if he has a load of money he'll get a good lawyer and he'll get a slap on the wrist.
OP are you sure about the details. 40mph limit on a Motorway? I spend my life on them and cant recall seeing one in roadworks, surely it was a 50 limit? Still wont be a fixed penalty, but potentially a more minor matter if it was.
Where did this happen?
There's a stretch of the M5 at the moment that has roadworks on there and the speed limit is 30mph.

Biker 1

8,575 posts

149 months

Friday 22nd March 2019
quotequote all
M23 spur to Gatwick currently 40mph through roadworks, with average speed cameras. I know someone got caught averaging 56: 3 points & £100