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spangle82

Original Poster:

336 posts

262 months

Friday 14th October 2022
quotequote all
Hello all - I think I know the answer to this one but wanted to check anyway.

Two days ago a NIP arrived with the figure of 79 on it. Yes, it was me and as there seemed no point in arguing I filled in the form and sent it off.

Then a friend advised me that the ACPO guidelines are 10% + 2, which is 79. If true, is there any case for appeal on the grounds that the guidelines weren't followed, and has the fact I returned the form scuppered that case? At the end of the day 79 is more than 70 so there's no point in going to court I think.

Mammasaid

5,304 posts

120 months

Friday 14th October 2022
quotequote all


Enforcement starts at 10%+2

Edited by Mammasaid on Friday 14th October 10:21

Dave.

7,788 posts

276 months

SS2.

14,682 posts

261 months

Friday 14th October 2022
quotequote all
10%+2mph is the threshold at which enforcement tends to start.

spangle82

Original Poster:

336 posts

262 months

Friday 14th October 2022
quotequote all
Ah right, thanks.

It is all very silly because it was a new 3-lane carriageway, traffic was light, weather was dry, visibility perfect - in no way dangerous or a blackspot. But the little man in the van isn't paid to think.

Cruise control next time!

PS I was aware of my speed so maybe I don't need the course spin

E-bmw

12,281 posts

175 months

Friday 14th October 2022
quotequote all
spangle82 said:
Two days ago a NIP arrived with the figure of 79 on it.

Then a friend advised me that the ACPO guidelines are 10% + 2, which is 79. If true, is there any case for appeal on the grounds that the guidelines weren't followed.
So, you were doing 79 in a 70 mph zone.
70 + 10% + 2 = 79 mph.

So I am not sure what guidelines you think weren't followed.

spangle82

Original Poster:

336 posts

262 months

Friday 14th October 2022
quotequote all
E-bmw said:
So I am not sure what guidelines you think weren't followed.
Before the first three replies I thought that '70+ 10%+2' was the speed allowable *before* incurring a penalty. A tolerance if you like. Thanks to those I now know it's the speed at which penalties *start*. A subtle but important difference in this case.

covboy

2,593 posts

197 months

Friday 14th October 2022
quotequote all
"Guidelines" are just that Not set in stone anyway. Clocked at 79, was speedo showing 80+ ?

Durzel

12,966 posts

191 months

Friday 14th October 2022
quotequote all
Playing with fire setting your cruise (or your foot) to the limit that enforcement begins, as you have discovered.

spangle82

Original Poster:

336 posts

262 months

Friday 14th October 2022
quotequote all
covboy said:
"Guidelines" are just that Not set in stone anyway. Clocked at 79, was speedo showing 80+ ?
80 indicated, when I saw the van. More accurate than I thought; in my experience most over-read by a few mph.

Durzel said:
Playing with fire setting your cruise (or your foot) to the limit that enforcement begins, as you have discovered.
No, I wasn't using cruise, I said 'next time'. I normally set it to 77, I just didn't bother that day for some reason.

donkmeister

11,717 posts

123 months

Friday 14th October 2022
quotequote all
spangle82 said:
E-bmw said:
So I am not sure what guidelines you think weren't followed.
Before the first three replies I thought that '70+ 10%+2' was the speed allowable *before* incurring a penalty. A tolerance if you like. Thanks to those I now know it's the speed at which penalties *start*. A subtle but important difference in this case.
It's a common misconception, I think because we're used to thinking "you can do 70", so when 10% +2 is rattled off without further qualification it is often interpreted as "you can do 79".

At least it's just a speed awareness course though.

spangle82

Original Poster:

336 posts

262 months

Friday 14th October 2022
quotequote all
donkmeister said:
It's a common misconception, I think because we're used to thinking "you can do 70", so when 10% +2 is rattled off without further qualification it is often interpreted as "you can do 79". At least it's just a speed awareness course though.
Well, as 78 is deemed acceptable, it would seem more sensible and clearer to everyone to make the actual limit 80, in the knowledge that if you do 81 you get nobbled.

When arranging insurance I've been asked about speed awareness courses as well as points. Are they actually less injurious to premiums than 3 points, and do they stay on the record for the same time?

Durzel

12,966 posts

191 months

Friday 14th October 2022
quotequote all
spangle82 said:
Well, as 78 is deemed acceptable, it would seem more sensible and clearer to everyone to make the actual limit 80, in the knowledge that if you do 81 you get nobbled.

When arranging insurance I've been asked about speed awareness courses as well as points. Are they actually less injurious to premiums than 3 points, and do they stay on the record for the same time?
If the limit were 80, people would do 90 as the belief would be that enforcement begins at 10%+2 (or greater, in the OP's case)

That's why discussions of raising the motorway limit are broadly pointless, because it's just people being disingenuous about how they would suddenly stick to the limit if it were higher. People will always go faster than the limit if they think they can get away with it, myself included.

spangle82 said:
Durzel said:
Playing with fire setting your cruise (or your foot) to the limit that enforcement begins, as you have discovered.
No, I wasn't using cruise, I said 'next time'. I normally set it to 77, I just didn't bother that day for some reason.
That's why I said "or your foot" wink I sympathise though, doing 80 doesn't feel any different/worse than 70.

HantsRat

2,406 posts

131 months

Friday 14th October 2022
quotequote all
spangle82 said:
Then a friend advised me that the ACPO guidelines
Just to note ACPO doesn't exist anymore. The guideline do still exist but they're exactly that... Guidelines and not a legal requirement.

drdel

479 posts

151 months

Friday 14th October 2022
quotequote all
Northamptonshire cops have sign. Speed limits aren't targets.

spangle82

Original Poster:

336 posts

262 months

Friday 14th October 2022
quotequote all
drdel said:
Northamptonshire cops have sign. Speed limits aren't targets.
If you're doing 79, they make a very good target, one which even Northamptonshire cops would have to agree with.

Graveworm

9,128 posts

94 months

Friday 14th October 2022
quotequote all
HantsRat said:
spangle82 said:
Then a friend advised me that the ACPO guidelines
Just to note ACPO doesn't exist anymore. The guideline do still exist but they're exactly that... Guidelines and not a legal requirement.
Failure to follow guidance or policy without good reason to disapply the policy, are grounds for an abuse of process.

So whilst it is just guidance, if it ended up in a prosecution, failure to follow it could get the prosecution thrown out. But it wouldn't as prosecutors apply the guidelines.

Terminator X

19,574 posts

227 months

Friday 14th October 2022
quotequote all
79 is where they start, bad luck.

TX.

babelfish

1,000 posts

230 months

Saturday 15th October 2022
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spangle82 said:
When arranging insurance I've been asked about speed awareness courses as well as points. Are they actually less injurious to premiums than 3 points, and do they stay on the record for the same time?
Who are you using? The comparison sites don't ask this and I've never been asked when taking out an actual policy (bikes and cars).


BertBert

20,911 posts

234 months

Saturday 15th October 2022
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The last and perhaps only people to ask about speed course was admiral and they stopped a few years ago