Please Advise: NIP Whilst Overtaking
Please Advise: NIP Whilst Overtaking
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roadsweeper

Original Poster:

3,789 posts

305 months

Friday 31st August 2007
quotequote all
Hi

I have just received an NIP for doing 60mph in a 50mph zone. The road in question is the A57 'Snake Pass' to Sheffield. Slightly annoyingly, the incident occured on a straight section of road in perfect visibility in an area that used to be a 60mph zone so it was hardly unsafe. Far more annoyingly, the mobile van pinged me as I was overtaking a car driven by an elderly couple that had been doing 35mph and I was just the latest in a long line of traffic to overtake it. The same car had also nearly had a head-on collision with another vehicle when overtaking a cyclist on a blind bend on double solid white lines just a minute or so earlier which made me even keener to get past.

I've discussed this with a couple of people to-date and both have advised that I should challenge the case as I was executing an overtaking manoeuvre and was just minimising the time exposured to danger. However, neither of them have been legal experts. I wasn't looking at my speedo during the overtake so had no idea of my speed and thought it might even be a 6-pointer but I'm assuming 3 points is more likely for 60mph in a 50mph zone?

I'm furious frankly because I've been driving for 12 years and never had an accident, speeding ticket or parking ticket (except one of the latter when my car broke down, but I don't count that!)

Any advice much appreciated.

Cheers,

roadie.

allen_b

516 posts

231 months

Friday 31st August 2007
quotequote all
i live in glossop which is the village at the bottom of the snake pass, you are right when you say that they have just lowered the spped limit, hence the reason the talivans are there, cashing in on a few motorists who edge over the limit. there have been a lot of fatalities on this road involving both cars and motorcyclists, hence the reason the police are hovering around. to me mate it looks as though your looking at the usual 3 points 60 quid.... and keep a watch out for the cop

GreenV8S

31,027 posts

315 months

Friday 31st August 2007
quotequote all
roadsweeper said:
advised that I should challenge the case as I was executing an overtaking manoeuvre
That is IMO a perfectly valid justification, but no excuse in law and won't help your case at all. Have a look at Pepipoo if you haven't been there already.

LeoSayer

7,844 posts

275 months

Friday 31st August 2007
quotequote all
Overtake an unsafe driver by speeding is unlikely to be justification to a magistrate. Sorry to hear about the NIP, what a bummer.

By contrast I got a NIP and 3 points on Monday, and was relatively relieved with that.


jacko lah

3,297 posts

280 months

Friday 31st August 2007
quotequote all
LeoSayer said:
Overtake an unsafe driver by speeding is unlikely to be justification to a magistrate. Sorry to hear about the NIP, what a bummer.

By contrast I got a NIP and 3 points on Monday, and was relatively relieved with that.
What he said except mine was april.

Basically you were going over the limit, although with no road markings you may be able to question the accuracy of the equipment when 2 cars are side by side and the other car started accelerating forcing you to abort said overtake.

havoc

33,496 posts

266 months

Friday 31st August 2007
quotequote all
Be VERY wary of challenging it without having some proper legal advice first.

What you did was sensible but illegal...and the mags won't give you ANY credit for being sensible, but MAY give you extra points/fine for daring to challenge the prosecution.

Sorry to hear your woes, but unless there's something in the ACPO guidelines about not pinging when there's cars side-by-side, then I think you're probably screwed!

TPS

1,860 posts

244 months

Friday 31st August 2007
quotequote all
roadsweeper said:
Hi

I have just received an NIP for doing 60mph in a 50mph zone.the mobile van pinged me as I was overtaking a car driven by an elderly couple that had been doing 35mph

I've discussed this with a couple of people to-date and both have advised that I should challenge the case as I was executing an overtaking manoeuvre and was just minimising the time exposured to danger.
Overtaking a car will not get you off as a overtake should be done both legally and safely.If the car was doing 35mph you should have been able to easily overtake at 50mph.If it sped up and you could not overtake at 50mph or less then you need to drop back and cancel the overtake.So it would appear you will have to take the ticket.

JonRB

80,125 posts

303 months

Friday 31st August 2007
quotequote all
GreenV8S said:
That is IMO a perfectly valid justification, but no excuse in law and won't help your case at all.
Indeed. Just because you can show that breaking a law is justifiable and reasonable doesn't unfortunately then make it legal. frown

roadsweeper

Original Poster:

3,789 posts

305 months

Wednesday 5th September 2007
quotequote all
TPS said:
roadsweeper said:
Hi

I have just received an NIP for doing 60mph in a 50mph zone.the mobile van pinged me as I was overtaking a car driven by an elderly couple that had been doing 35mph

I've discussed this with a couple of people to-date and both have advised that I should challenge the case as I was executing an overtaking manoeuvre and was just minimising the time exposured to danger.
Overtaking a car will not get you off as a overtake should be done both legally and safely.If the car was doing 35mph you should have been able to easily overtake at 50mph.If it sped up and you could not overtake at 50mph or less then you need to drop back and cancel the overtake.So it would appear you will have to take the ticket.
I'm sorry, I don't mean to be rude, but you sound like a 'safety camera advocate.

The car had been doing 35mph (far too slow as evidenced by the empty road ahead and queue of traffic behind) before getting on to the straight but had probably accelerated when I performed the overtake to around 40mph. As for the differential speed required to perform the overtake safely, you say I should have been able to overtake safely at 50mph without seeing the stretch of road. The safest way to overtake is to get past the slower vehicle whilst minimising your time exposed to danger, all other things being reasonable. I checked the oncoming traffic, signalled to pull out, accelerated past firmly but not flat-out, signalled and pulled back in a safe distance ahead anf got caught at 60mph, a speed limit that had previously been applied to that road for decades.

As for the idea of cancelling the overtake an dropping back, again easy to say without being in the middle of it. I n many circumstances this can be more dangerous than continuing the manouevre, which is exactly why speed cameras being used against people who are executing a perfectly safe overtake is ridiculous.

roadsweeper

Original Poster:

3,789 posts

305 months

Wednesday 5th September 2007
quotequote all
JonRB said:
GreenV8S said:
That is IMO a perfectly valid justification, but no excuse in law and won't help your case at all.
Indeed. Just because you can show that breaking a law is justifiable and reasonable doesn't unfortunately then make it legal. frown
Welcome to Britain.

TTwiggy

11,884 posts

235 months

Wednesday 5th September 2007
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take it from me - don't get into a discussion about 'safe overtakes' on here... you'll regret it...

Zod

35,295 posts

289 months

Thursday 6th September 2007
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TTwiggy said:
take it from me - don't get into a discussion about 'safe overtakes' on here... you'll regret it...
indeed!

The Germans have a word for the sort of people who jump into those discussions: "Besserwisser" - people who always know better.

m_tillman

61 posts

235 months

Thursday 6th September 2007
quotequote all
roadsweeper said:
TPS said:
Overtaking a car will not get you off as a overtake should be done both legally and safely.If the car was doing 35mph you should have been able to easily overtake at 50mph.If it sped up and you could not overtake at 50mph or less then you need to drop back and cancel the overtake.So it would appear you will have to take the ticket.
I'm sorry, I don't mean to be rude, but you sound like a 'safety camera advocate.
He's just telling you how this is 'officially' viewed.

It is a fact that it is illegal to exceed the speed limit. Full stop. No exceptions (for joe public).

You may consider it safer to do otherise, but 'officially' you are wrong. Even if you consider dropping back to be unsafe so exceed the limit you are wrong because in that case you have not considered your options correctly.

alphadog

2,049 posts

264 months

Thursday 6th September 2007
quotequote all
m_tillman said:
roadsweeper said:
TPS said:
Overtaking a car will not get you off as a overtake should be done both legally and safely.If the car was doing 35mph you should have been able to easily overtake at 50mph.If it sped up and you could not overtake at 50mph or less then you need to drop back and cancel the overtake.So it would appear you will have to take the ticket.
I'm sorry, I don't mean to be rude, but you sound like a 'safety camera advocate.
He's just telling you how this is 'officially' viewed.

It is a fact that it is illegal to exceed the speed limit. Full stop. No exceptions (for joe public).

You may consider it safer to do otherise, but 'officially' you are wrong. Even if you consider dropping back to be unsafe so exceed the limit you are wrong because in that case you have not considered your options correctly.
Even if the car that was following you has closed the gap!

There are 2 enemies, here.

Bad drivers - the sort who speed up when you are mid-overtake, and those who scam safe overtaking stretches. A great shame the former is immune from the latter. I seriously wonder what makes some people tick.

Edited by alphadog on Thursday 6th September 13:47

delboy735

1,656 posts

233 months

Thursday 6th September 2007
quotequote all
Sad sign of the times using modern technology to generate revenue. I have always been of the impression, that when overtaking, I want to be in the " danger zone" for as short a time as possible, nowadays though, to overtake a motorist doing 45MPH in a 50MPH zone will take an eternity...but beware, because if you accelerate to get passed this slower vehicle, pc****ing plod will be hidden in a hedge with his camera pointing at you, and you will get a fine.And they wonder why we have diminished views of them!!

Zero tolerance on speeding...................right, what about zero tolerance of gangs of youths, druggies,hoodies,rapists,murderers,violent criminals,drivers with no insurance, and no MOT's etc etc.

Like I have said in the past, perhaps we should all have day where we all drive at 29MPH everywhere ( except 20MPH zones ), and Plod will soon get bored, and perhaps go off in search of "real" criminalsrage

Rant over, sorry...............Ooooh, and by the way, not all plod are the same, some appear to have a modicom of common sense.laugh

andy_quantum

13,204 posts

235 months

Thursday 6th September 2007
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That Vonhosen chap said something a while back that stuck with me, and is relevant to this thread

To paraphrase, would you really want the dickhead you overtook infront of you, or behind you? My typical reaction would be "Get past, Get shut" but think about it, if you're infront of them, you cant really stop them arse ending you, other than to boot it. Behind them, you can increase the distance between the two cars quite easily, even if it means you're later arriving than planned

In answer to your post comments, you were in excess of the speed limit. However safely you did it at this moment really doesnt matter, as I think the charge will be excess speed? You did, you were, you sped. And to use one of my own phrases, I bet you're pissed off that you got caught doing it

GreatGranny

9,519 posts

257 months

Thursday 6th September 2007
quotequote all
I know the stretch well and its one of the last good overtaking places before the Snake Pass proper begins. I drove over twice last weekend and at the beginning my wife bet me that I couldn't shout some kind of abuse at a slower driver before we reached Glossop, within 5 mins I was stuck behind a 4x4 doing 30mph and lost the bet!

Just put it down to experience and move on.

Its normally clear of cameras after that spot.