10% + 2 speeding threshold
Discussion
Apparently not:
https://www.kent.police.uk/foi-ai/kent-police/Poli...
However, he has agreed to the re-education session, and I suspect bringing it up there will result in a fail, and points. Might be worth asking in writing before the course, referencing the above FOI request. Do bear in mind that it was always a guideline, not a rule.
https://www.kent.police.uk/foi-ai/kent-police/Poli...
However, he has agreed to the re-education session, and I suspect bringing it up there will result in a fail, and points. Might be worth asking in writing before the course, referencing the above FOI request. Do bear in mind that it was always a guideline, not a rule.
hullbridgehenry said:
100 % from Kent police. The photo is on my phone but obviously needs redacting. My son will help me with this tonight as I am fairly useless with computers..
Apparently prosecutions have never been below the threshold guideline. Could this be a first ?
It's not a prosecution. Your son has opted for the other way. If he's feeling brave, he should have declined the course, and taken his chances in court.Apparently prosecutions have never been below the threshold guideline. Could this be a first ?
I'm very suspicious.
https://www.kent.police.uk/foi-ai/kent-police/Poli...
On the basis of the above if I were your son I'd be contacting Kent Police to let them know that they have sent out a NIP for a speed below their own thresholds. Perhaps too late if he's agreed to dispose of it via a course though.
https://www.kent.police.uk/foi-ai/kent-police/Poli...
On the basis of the above if I were your son I'd be contacting Kent Police to let them know that they have sent out a NIP for a speed below their own thresholds. Perhaps too late if he's agreed to dispose of it via a course though.
The 10% +2 is only a guideline surely? https://www.roadlawbarristers.co.uk/speeding-what-... No idea how reliable that website is though.
ARHarh said:
The 10% +2 is only a guideline surely? https://www.roadlawbarristers.co.uk/speeding-what-... No idea how reliable that website is though.
This, the police can, if they want, prosecute for 1mph over the limit.ARHarh said:
The 10% +2 is only a guideline surely? https://www.roadlawbarristers.co.uk/speeding-what-... No idea how reliable that website is though.
It is guidance, there's no reason forces can't prosecute for below this, but the reason there's a threshold is not to do the motorist a favour - but rather than the equipment might not necessarily be accurate to an exact mph figure, so having some leeway minimises the risk of someone electing to go to court to challenge this inaccuracy. Also, if prosecution starts at a reasonable excess over the speed limit then people who are caught aren't likely to argue they weren't speeding at all. If you get caught doing 36mph in a 30 then you're not likely to try and claim you were definitely doing 30 or less, i.e. you knew you were speeding.
randlemarcus said:
hullbridgehenry said:
100 % from Kent police. The photo is on my phone but obviously needs redacting. My son will help me with this tonight as I am fairly useless with computers..
Apparently prosecutions have never been below the threshold guideline. Could this be a first ?
It's not a prosecution. Your son has opted for the other way. If he's feeling brave, he should have declined the course, and taken his chances in court.Apparently prosecutions have never been below the threshold guideline. Could this be a first ?
These threads always elicit responses reminding everyone that prosecutions for 1mph over the limit are perfectly legitimate. But any reasonable person would agree that there should be some margin for motorist error in the policing of speed limits.
Most reasonable people would agree that 44mph in a 40mph just about falls within that margin, (or else 40mph was excessive for the conditions anyway).
Most reasonable people would agree that 44mph in a 40mph just about falls within that margin, (or else 40mph was excessive for the conditions anyway).
donteatpeople said:
I don't see what the defence would be in court, the 10%+2mph isn't a legal tolerance, it's just a guideline. If you're 1mph over you have committed an offence.
Sorry, I wasn't clear. My hope in that circustance would be that the paperwork was examined by a human en route, and that it never made it as far as an actual appearance.Please can you upload a picture of the NIP - obviously remove all personal details from it, make it completely unidentifiable.
I know I would and I'm pretty sure there are a few other forum members who would love a copy of a NIP where they are prosecuting under the 10%+2.
So many, many people tell the story of how they were caught at 33 in a 30, 42 in a 40 - yet no pictures or scans ever exist.
Would love this opportunity while you are still in possession of the NIP to have that image - mainly so we can all say "it does happen".
I know I would and I'm pretty sure there are a few other forum members who would love a copy of a NIP where they are prosecuting under the 10%+2.
So many, many people tell the story of how they were caught at 33 in a 30, 42 in a 40 - yet no pictures or scans ever exist.
Would love this opportunity while you are still in possession of the NIP to have that image - mainly so we can all say "it does happen".
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