NIP speeding in company van advice needed.
Discussion
Evening chaps.
New on here after being given a link by sxoc.com.
Anyway, I need a bit of advice.
Ive just got an NIP for speeding. " Drove a vehicle on a road at a speed greater than the speed limit specified in schedule 6 of the Road Traffic Regulation Act 1984 as the maximum speed in relation to that vehicle. Contrary to section 86 & 89 of the Road Traffic Regulation Act 1984".
Bloody infuriating as I thought I was doing the speed limit but it turns out that the limit for a transit type van on a single carriageway is 50 and not 60 that I thought.
The offence was about a month ago, 62 in a 60. The camera was a mobile front facer in a van parked at the side of the road.
Ive been named by my employers as the driver of the van. This is based on an unsigned form that we fill in each day to say who was driving. This form does not allow space for adding extra drivers or driver swaps during the day.
Can I be expected to remember who was driving a month ago when I travel all over east anglia and do around 300 miles a day?
They also didnt even manage to get my address right but it still turned up.
I was also under the impression that NIPs should be delivered by registered post, it didnt.
So, any way of getting out of it and if so how do I go about it?
Thanks in advance.
Steve
New on here after being given a link by sxoc.com.
Anyway, I need a bit of advice.
Ive just got an NIP for speeding. " Drove a vehicle on a road at a speed greater than the speed limit specified in schedule 6 of the Road Traffic Regulation Act 1984 as the maximum speed in relation to that vehicle. Contrary to section 86 & 89 of the Road Traffic Regulation Act 1984".
Bloody infuriating as I thought I was doing the speed limit but it turns out that the limit for a transit type van on a single carriageway is 50 and not 60 that I thought.
The offence was about a month ago, 62 in a 60. The camera was a mobile front facer in a van parked at the side of the road.
Ive been named by my employers as the driver of the van. This is based on an unsigned form that we fill in each day to say who was driving. This form does not allow space for adding extra drivers or driver swaps during the day.
Can I be expected to remember who was driving a month ago when I travel all over east anglia and do around 300 miles a day?
They also didnt even manage to get my address right but it still turned up.
I was also under the impression that NIPs should be delivered by registered post, it didnt. So, any way of getting out of it and if so how do I go about it?
Thanks in advance.
Steve
SteveC200 said:Correct, see: www.highwaycode.gov.uk/09.shtml#103
...
Ive just got an NIP for speeding. " Drove a vehicle on a road at a speed greater than the speed limit specified in schedule 6 of the Road Traffic Regulation Act 1984 as the maximum speed in relation to that vehicle. Contrary to section 86 & 89 of the Road Traffic Regulation Act 1984".
Bloody infuriating as I thought I was doing the speed limit but it turns out that the limit for a transit type van on a single carriageway is 50 and not 60 that I thought.
SteveC200 said:The company is required to maintain a record. If forms are filled in, this might satisfy the requirement (it is for the court to decide). I presume you filled in the form and although unsigned it is in your handwriting. Do you normally/occasionally have a mate with you who could have been driving? Do you generally/always drive the same van? Does anyone else drive that van (eg when you are on a break back at base), or was the location of the offence so far from base that would not apply for the time stated? Are there delivery notes or other documentation for the day/time in question that would indicate whether you and another were in the van (eg. different handwriting/signatures)? IMHO you need to be able to bring the existing 'evidence' (the unsigned form) that you were driving at the time into greater disrepute, so as to create 'reasonable doubt'. If the evidence tends against you, maybe you should check out the threads on not signing the NIP.
Ive been named by my employers as the driver of the van. This is based on an unsigned form that we fill in each day to say who was driving. This form does not allow space for adding extra drivers or driver swaps during the day.
Can I be expected to remember who was driving a month ago when I travel all over east anglia and do around 300 miles a day?
Streaky
Not copper or lawyer but here is the 2 pence worth...
They do not have to send it by registered post. Standard post is sufficent. Since you employers named you its a little harder to do anything about it. If your employers have some form of log that you were driving it then you are totally stuffed as its basically proof. Being a company vehicle if you deny you were driving then the points go to the company secretary of the company and being that most companies rate their employees somewhere below the warehouse rat then you will probably be out the door sharpish if you try the "I dont know who was driving" routine.
My advice, take it on the chin and get a laser jammer so the
s dont get you again!
Gh0st
They do not have to send it by registered post. Standard post is sufficent. Since you employers named you its a little harder to do anything about it. If your employers have some form of log that you were driving it then you are totally stuffed as its basically proof. Being a company vehicle if you deny you were driving then the points go to the company secretary of the company and being that most companies rate their employees somewhere below the warehouse rat then you will probably be out the door sharpish if you try the "I dont know who was driving" routine.
My advice, take it on the chin and get a laser jammer so the
s dont get you again! Gh0st
As I never have to drive a van I didn't realise that they have to stick to 50 on single carriageways. Clearly most "white van men" don't know either!
But looking at the HWC link, it's amazing that a 44(?)-ton artic can do 30 in a 30 limit. I think this really demonstrates that attempts to have limits raised through the "better cars nowadays" argument is doomed. I mean, how far does an artic take to stop from 30?
But looking at the HWC link, it's amazing that a 44(?)-ton artic can do 30 in a 30 limit. I think this really demonstrates that attempts to have limits raised through the "better cars nowadays" argument is doomed. I mean, how far does an artic take to stop from 30?
I did not know this either, I have only hired one occasionally and can't say if I have done over 50 on a single lane nsl or not, but I could of. When it comes to hiring the hire firm I think ought to mention it and if you drive one for a living then your manager should really let you know. I know we should all know the highway code etc, but you tend to read this wehn you are looking to pass your test, and not many people do this in a white van.
I think the speed limits as far as vans are concerened applies to vans that can gross 3.5 tonnes or more. Hence the larger Transits fall foul, but the smaller ones (and the Connect, which tops out at 2.4t IIRC) don't.
Might I be contentious and suggest that SteveC knows damn well he did it and just fancies wriggling off the hook?
Ian
Red van man....
Might I be contentious and suggest that SteveC knows damn well he did it and just fancies wriggling off the hook?
Ian
Red van man....
wedg1e said:Ian - not according to the HWC. See link above - Streaky
I think the speed limits as far as vans are concerened applies to vans that can gross 3.5 tonnes or more. Hence the larger Transits fall foul, but the smaller ones (and the Connect, which tops out at 2.4t IIRC) don't. ...
>> Edited by streaky on Friday 12th December 20:59
streaky said:
The company is required to maintain a record.
Sorry streaky but that is simply not correct. There is absolutely no legal requirement on a company to keep any such record. Various lies and wishful thinking populate some scamera sites indicating this to be so....ignore them or better challenge them.
Richard C said:For goods vehicles/drivers (to which this thread refers) and for certain other classes of vehicles/drivers requirements for record keeping are laid down or implied (for defence purposes) under relevant legislation including:
The company is required to maintain a record.
Sorry streaky but that is simply not correct. There is absolutely no legal requirement on a company to keep any such record. Various lies and wishful thinking populate some scamera sites indicating this to be so....ignore them or better challenge them.
* EC regulation 3820/85 on drivers' hours;
* EC regulation 3821/85 on tachographs;
* EC regulation 3314/90 on tachographs;
* EC regulation 684/92 on 'Regular Services';
* EC regulation 3688/92 on tachographs;
* EC regulation 2479/95 on tachographs;
* The Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 (SI 1979/1746);
* The Drivers' Hours (Harmonisation with Community Rules) Regulations 1986 (SI 1986/1458);
* The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 (SI 1986/1456);
* The Community Drivers' Hours and Recording Equipment Regulations 1986 (SI 1986/1457);
* The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1986 (SI 1986/1669);
* The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1987 (SI 1987/805);
* The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1988 (SI 1988/760);
* The Passenger and Goods Vehicles (Recording Equipment) Regulations 1989 (SI 1989/2121);
* The Passenger and Goods Vehicles (Recording Equipment) Regulations 1996 (SI 1996/941);
* The Community Drivers' Hours and Recording Equipment (Amendment) Regulations 1998 (SI 1998/2006) - amended by National Health Service Reform SI 2002/2469;
* Transport Act 1968 (Part VI) (as amended);
* The Drivers' Hours (Passenger and Goods Vehicles) (Modifications) Order 1971 (SI 1971/818).;
* The Drivers' Hours (Passenger Vehicles) (Exemptions) Regulations 1970 (SI 1970/145).
[I am not a lawyer.]
Streaky
Hello again.
OK, the form is not in my handwriting AFAIK and yes, I always have a work mate in the van. I drive a merc sprinter security van so there always has to be 2 of us in it.
As far as pissing off my employers goes, I couldnt really give a. The job is sh1te and I am looking for another one now.
Wedgie, does it matter if I did it or not? Of course I want to wriggle off the hook. No one wants points and a fine.
So, anyone got any ideas how to wriggle?
OK, the form is not in my handwriting AFAIK and yes, I always have a work mate in the van. I drive a merc sprinter security van so there always has to be 2 of us in it.
As far as pissing off my employers goes, I couldnt really give a
. The job is sh1te and I am looking for another one now. Wedgie, does it matter if I did it or not? Of course I want to wriggle off the hook. No one wants points and a fine.
So, anyone got any ideas how to wriggle?
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