59 mph in a 30 mph - what will I get?
Discussion
no, not residential - one lane of the A38 dual carriageway normally 70mph is coned off and down to a 30 mph limit for a couple of miles or so approaching a roundabout on which there are roadworks.
Must have been a field day for the camara van - every car was well over 30mph.
I have received a NIP, got me at 59 in a temporary 30.
Under 'what happens next' on the NIP it says if was the driver I will be 'considered for a fixed penalty notice' which I can accept, or decline and go to court. If I accept it says I will get a £60 fine and 3 points. This seems a bit too good to be true, I suspect I will get hauled off to court for my ceremonial castrating regardless of what the NIP says. Would be grateful if anyone could tell me what I might get!
Thanks
edited to say license has been clean as a whistle for years and years, sob.
>> Edited by GasBlaster on Tuesday 4th April 08:43
Must have been a field day for the camara van - every car was well over 30mph.
I have received a NIP, got me at 59 in a temporary 30.
Under 'what happens next' on the NIP it says if was the driver I will be 'considered for a fixed penalty notice' which I can accept, or decline and go to court. If I accept it says I will get a £60 fine and 3 points. This seems a bit too good to be true, I suspect I will get hauled off to court for my ceremonial castrating regardless of what the NIP says. Would be grateful if anyone could tell me what I might get!
Thanks
edited to say license has been clean as a whistle for years and years, sob.
>> Edited by GasBlaster on Tuesday 4th April 08:43
As there would appear to be arguably less danger to the general public because of your actions, a court appearance may not see you severely punished. The danger would have been to other drivers and those working in the restricted area. It will in all probability see you with a higher fine than £60 with costs against you and possibly more points if you plead or are found guilty. In my experience for that kind of speed depending on the other conditions at the time (traffic/weather) I would think you will be looking at around £200 + depending on your means and up to 6 points!
If you were indeed travelling at in excess of the posted and legal limit for that section and the facts of the NIP are correct, you would be as well to send off your licence with a cheque for £60.
If you were not travelling at in excess of the posted and legal limit or dispute the facts, then the only option is for you to contest it and hope for the best outcome. In many cases the best outcome is not an appearance at court
.
>> Edited by mg6b on Tuesday 4th April 10:21
If you were indeed travelling at in excess of the posted and legal limit for that section and the facts of the NIP are correct, you would be as well to send off your licence with a cheque for £60.
If you were not travelling at in excess of the posted and legal limit or dispute the facts, then the only option is for you to contest it and hope for the best outcome. In many cases the best outcome is not an appearance at court
. >> Edited by mg6b on Tuesday 4th April 10:21
The NIP states 'considered' for a fixed penalty. At twice the posted limit, I would suspect a court appearance is probable.
The outcome upon conviction ? Possibly 6 points and a couple of hundred pound fine, maybe more - depends entirely on the Mags on the day, circumstances of the case, whether you have entered an early guilty plea, etc...A short ban is not out of the question..
Of course, failure to complete and return the NIP would mean it would not be possible to prosecute for the alleged speeding offence. A prosecution for failing to supply driver details would be inevitable. Conviction for this = 3 points (currently) and typically 200-300 pound fine plus MS90 endorsement on your licence.. Some insurance companies hike the premiums for an MS90 code...
Pay www.pepipoo.com a visit...
The outcome upon conviction ? Possibly 6 points and a couple of hundred pound fine, maybe more - depends entirely on the Mags on the day, circumstances of the case, whether you have entered an early guilty plea, etc...A short ban is not out of the question..
Of course, failure to complete and return the NIP would mean it would not be possible to prosecute for the alleged speeding offence. A prosecution for failing to supply driver details would be inevitable. Conviction for this = 3 points (currently) and typically 200-300 pound fine plus MS90 endorsement on your licence.. Some insurance companies hike the premiums for an MS90 code...
Pay www.pepipoo.com a visit...
gasblaster said:
Thanks chaps. Do you think it would be worth pointing out to the court that there were no actual roadworks on that road (there are some on the roundabout much further along) and so I was no danger to any workmen or any other road users. Or would this just irritate them?
If you are going down this road (no pun intended) then your best bet would be to talk to a specialist solicitor. I seem to remember that there have been cases in the past where a temporary limit was set up and then 'enforced' but the roadworks had finished. Thus the reason why the change in the speed limit was applied for was invalid. There may also be issues with the way the limit was signed etc.
I think the best course of action would be to take a 3 pointer if offered. The problem is that you have to state who is driving to get it, then it is out of your hands whether you go to court. At court, despite the guidelines, what you get is a bit of a lottery. For example at Wrexham Magistrates court, they recently ruled that a girl who had no hands on the steering wheel whilst she did her makeup at the same time (whilst driving of course!) was due a 6 points and £200 fine. A year earlier at the same place, I was dealt exactly the same punishment for 92 on a free flowing dead straight 70 dual carriageway on a sunny day.
Depending on who the magistrates are and given the circumstances, they may say:
'Well the limit was a 60, there was no roadworks there, is easily done, have 4-5 points and a couple of hundred quid fine.'
On the other hand they may say:
'Nigh on double the speed limit with a complete disregard for the safety of people working on the roadworks, please have this ban and/or some points.'
It unfortunately is a bit of a lottery. I would be tempted to take the MS90 as long as it didnt hike the insurance too much. After all, 6 points or a ban will hike the insurance anyway...
>> Edited by justinp1 on Tuesday 4th April 12:18
turbobloke said:
Similar to a previous post - but if I were you I'd check that there is a proper traffic order filed that validates the temporary limit at the time you went through. The scamvan would not have bothered checking imo, but you could.
Sounds interesting - any idea how I would go about it?
Cheers!
Just a thought, but did the limit go straight from 70 to 30? If it did it may not be a legal limit, as the maximum reduction in the limit is 30 mph at any one point. It probably went 70 to 40 to 30, as i noticed yesterday at Hatfield, with the 40 bit being only about 200 yards long, but it complied with the regulations.
Might be worth a check to make sure.
Might be worth a check to make sure.
cooperman said:
Just a thought, but did the limit go straight from 70 to 30? If it did it may not be a legal limit, as the maximum reduction in the limit is 30 mph at any one point. It probably went 70 to 40 to 30, as i noticed yesterday at Hatfield, with the 40 bit being only about 200 yards long, but it complied with the regulations.
Might be worth a check to make sure.
It went straight from 70 to 30.
There was a sign saying '30mph limit in x yards'. Then the limit. Then the camera van. Then, a couple of miles further on, the roadworks.
i got done for 70 in a 50. as I passed the 50 sign, they had me. Went to court and contested the scamera "costs", (down to incompetancy with the evidence, and the time taken to respond) Accepted I was in the wrong and appoligised to the Beak... ended up 3 points, £60 donation to South Wales Magistrates Court.
Easiest advise, if you were done, take your punishment. if you were done unfairly, fight all the way
Easiest advise, if you were done, take your punishment. if you were done unfairly, fight all the way
cooperman said:
Just a thought, but did the limit go straight from 70 to 30? If it did it may not be a legal limit, as the maximum reduction in the limit is 30 mph at any one point. It probably went 70 to 40 to 30, as i noticed yesterday at Hatfield, with the 40 bit being only about 200 yards long, but it complied with the regulations.
Might be worth a check to make sure.
Might be worth a check to make sure.
Is this true? Couple of weeks ago there was a transition from 70 to 30 at Blyth iirc (but shhh, don't tell anyone)
justinp1 said:
gasblaster said:
What did I get?
4 points and £119.
Good result
4 points and £119.
Good result
That is a good result!
Sounds like whatever you did at court worked! I dont think you could have got any better than that.
So 4 points at £119 is a good result for driving perfectly safely? How sad that we have reached this state of affairs.
This approach to road safety seems to be becoming more prevalent. On the A14 approaching the A1 roundabout (where they seem to be narrowing it and making it smaller!) there is at least 1 mile of 40mph limit for no safety-related reason whatsoever. Everyone ignores it. But, it seems that we shouldn't.
cooperman said:
Just a thought, but did the limit go straight from 70 to 30? If it did it may not be a legal limit, as the maximum reduction in the limit is 30 mph at any one point. It probably went 70 to 40 to 30, as i noticed yesterday at Hatfield, with the 40 bit being only about 200 yards long, but it complied with the regulations.
Might be worth a check to make sure.
Might be worth a check to make sure.
We keep hearing this. Where is the legislation which puts this rule in place?
As discussed before I have even seen a motorway 70 straight down to 20 on a link road subject to roadworks. No countdown markers either.
In our local town we have a DC NSL to 30, albeit with countdowns at 300, 200, 100.
That's why I was so surprised to see the statement queried above.
:George Dixon:
Evening all, mind how you go.
:/George Dixon:
In our local town we have a DC NSL to 30, albeit with countdowns at 300, 200, 100.
That's why I was so surprised to see the statement queried above.
:George Dixon:
Evening all, mind how you go.
:/George Dixon:
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