NIP Speed Question

[jbswagger]

Hi,

I was driving my wife's car and she has received an NIP for doing 35 in a 30 limit. I won't be eligible for a speed awareness course.

My question was, with the 10% + 2 MPH margin, should the ticket only be issue for 36 mph and above?

Thanks for all the help.

Edited by jbswagger on Tuesday 7th August 11:11

[The Selfish Gene]

it's advisory (10% plus 2) - in that they don't have to adhere to it.

also 10% plus 2 = 35..............not 36

and also - I agree with your sentiment. 35 in a 30 is a bit of a st thing to get an NIP for.

unfortunately you were unlucky.

finally - I've had loads of them - never affected my insurance in anyway.

[Gavia]

jbswagger said:

Hi,

I was driving my wife's car and she has received an NIP for doing 35 in a 30 limit. I won't be eligible for a speed awareness course.

My question was, with the 10% + 2 MPH margin, should the ticket only be issue for 36 mph and above?

Thanks for all the help.

Edited by jbswagger on Tuesday 7th August 11:11

Oh good another one.

Let’s have a discussion about getting your wife to do the SAC for you, but then we can have a discussion that they don’t get offered for speeds below 36, because prosecution only really starts at 36, but that was ACPO amd ACPO doesn’t exist anymore, but they were only guidelines, not law, but shouldn’t they be law? Maybe we could have a discussion about what 10%+2 really means, but then this is abovethat figure anyway. Could we argue in court that I was speeding, but only a little bit over? Oh and not forgetting PCoJ and how that shouldn’t be applied to minor offences like this.

Is that everything covered?

Oh no, I forgot. Photo required

[TooMany2cvs]

jbswagger said:

I was driving my wife's car and she has received an NIP for doing 35 in a 30 limit. I won't be eligible for a speed awareness course.

Then, assuming you were driving at the time, and you don't both fancy the risk of perverting the course of justice, you're looking at 3pts/£100 FPN.

jbswagger said:

My question was, with the 10% + 2 MPH margin, should the ticket only be issue for 36 mph and above?

A ticket can be issued for 31, and be legitimate.

If you want to argue it, you need to turn the FPN down and go for the court date. Don't forget to let us know how that turns out.

[jbswagger]

The Selfish Gene said:

it's advisory (10% plus 2) - in that they don't have to adhere to it.

also 10% plus 2 = 35..............not 36

and also - I agree with your sentiment. 35 in a 30 is a bit of a st thing to get an NIP for.

unfortunately you were unlucky.

finally - I've had loads of them - never affected my insurance in anyway.

Thanks, I didn't realise the extra margin was only advisory.

[The Selfish Gene]

jbswagger said:

The Selfish Gene said:

it's advisory (10% plus 2) - in that they don't have to adhere to it.

also 10% plus 2 = 35..............not 36

and also - I agree with your sentiment. 35 in a 30 is a bit of a st thing to get an NIP for.

unfortunately you were unlucky.

finally - I've had loads of them - never affected my insurance in anyway.

Thanks, I didn't realise the extra margin was only advisory.

yeah it is - I mean I think most non dick head coppers don't worry about such triviality. _ some do, some cameras do.

I understand there limit has to start somewhere, but on my motorbike through London I'm NEVER looking at the speedo at these speeds, it would get me killed or i'd wipe out a low flying pedestrian, cyclist etc

Saying that , in London the police appear to have better things to do than such trivial enforcement.

Often we cross white lines, go the wrong side of islands etc straight past the police. They give no fks because they understand how London is.

[agtlaw]

jbswagger said:

Thanks, I didn't realise the extra margin was only advisory.

You appear to have misunderstood 10% + 2 mph. That’s the speed at which enforcement begins - assuming the relevant police force has adopted the ACPO thresholds.

[untakenname]

Police in London are generally quite ok as long as you aren't taking the piss, recently I was followed for a couple of miles and they clocked me doing 47!
They pulled me over, gave me a lecture then let me go with a stern warning as the rest of my driving was ok (was night time and I only booted it for a couple of seconds down a safe piece of road with no pavement on my side).
At the time I was expecting some points at least (perhaps even a ban due to some insurance issues) but luckily one of the policemen had goodwill as my average speed was 36, if it was a camera I'd potentially be looking at court.

[jbswagger]

agtlaw said:

You appear to have misunderstood 10% + 2 mph. That’s the speed at which enforcement begins - assuming the relevant police force has adopted the ACPO thresholds.

Thanks for the explanation.

[The Selfish Gene]

untakenname said:

Police in London are generally quite ok as long as you aren't taking the piss, recently I was followed for a couple of miles and they clocked me doing 47!
They pulled me over, gave me a lecture then let me go with a stern warning as the rest of my driving was ok (was night time and I only booted it for a couple of seconds down a safe piece of road with no pavement on my side).
At the time I was expecting some points at least (perhaps even a ban due to some insurance issues) but luckily one of the policemen had goodwill as my average speed was 36, if it was a camera I'd potentially be looking at court.

I think they just generally have better things to do than worry about such triviality.

to be fair - it's not like they would have any chance of catching a motorcycle unless they went all Dragnet.

i'm sure they just can't be arsed, as they understand we are all just trying to get somewhere and as a rule , it's our own risk we are taking.

[silverfoxcc]

TVP do 35 in a 30, as i have found out to my error

But as the uidlines say 35-42 it might have been 35.00000000000000000000000000000000000000001 but it is over 35

SAC and carried on with my life

For first timers ( like me i cannot see why some go for 100 + 3pts or ( in my case) 90.00 and no points

If taken 'seriously' ie dont lip the presente, give a bit of input,,even though they talk bks ( hint send a complaint/query later as i did)

[Red 4]

What makes you think you won't be eligible for a SAC ?

[Pica-Pica]

Gavia said:

jbswagger said:

Hi,

I was driving my wife's car and she has received an NIP for doing 35 in a 30 limit. I won't be eligible for a speed awareness course.

My question was, with the 10% + 2 MPH margin, should the ticket only be issue for 36 mph and above?

Thanks for all the help.

Edited by jbswagger on Tuesday 7th August 11:11

Oh good another one.

Let’s have a discussion about getting your wife to do the SAC for you, but then we can have a discussion that they don’t get offered for speeds below 36, because prosecution only really starts at 36, but that was ACPO amd ACPO doesn’t exist anymore, but they were only guidelines, not law, but shouldn’t they be law? Maybe we could have a discussion about what 10%+2 really means, but then this is abovethat figure anyway. Could we argue in court that I was speeding, but only a little bit over? Oh and not forgetting PCoJ and how that shouldn’t be applied to minor offences like this.

Is that everything covered?

Oh no, I forgot. Photo required

Gavia, you forgot “I can’t watch the road and my speedo too”

[The Selfish Gene]

I've done several of those bull st courses. Its so wrong on so many levels.

next time i'll just take the points and the fine - can't be wasting another 4 hours on that crap.

[Pica-Pica]

jbswagger said:

agtlaw said:

You appear to have misunderstood 10% + 2 mph. That’s the speed at which enforcement begins - assuming the relevant police force has adopted the ACPO thresholds.

Thanks for the explanation.

133 months and never seen that chart!

[Red 4]

The Selfish Gene said:

I've done several of those bull st courses. Its so wrong on so many levels.

next time i'll just take the points and the fine - can't be wasting another 4 hours on that crap.

For most people it's a way of avoiding points.

Your choice.

In any other country though, you would not have a choice.

[Gavia]

The Selfish Gene said:

it's advisory (10% plus 2) - in that they don't have to adhere to it.

also 10% plus 2 = 35..............not 36

and also - I agree with your sentiment. 35 in a 30 is a bit of a st thing to get an NIP for.

unfortunately you were unlucky.

finally - I've had loads of them - never affected my insurance in anyway.

The Selfish Gene said:

I've done several of those bull st courses. Its so wrong on so many levels.

next time i'll just take the points and the fine - can't be wasting another 4 hours on that crap.

The Selfish Gene said:

I think they just generally have better things to do than worry about such triviality.

to be fair - it's not like they would have any chance of catching a motorcycle unless they went all Dragnet.

i'm sure they just can't be arsed, as they understand we are all just trying to get somewhere and as a rule , it's our own risk we are taking.

So you’ve had loads of points, done several SACs and still don’t understand that there are other people potentially affected by your driving. Never has a username been more apt.

[jbswagger]

Red 4 said:

What makes you think you won't be eligible for a SAC ?

I've attended an SAC in January 2016. As it was in the last 3 years I assume I won't be offered another course?

[Red 4]

jbswagger said:

Red 4 said:

What makes you think you won't be eligible for a SAC ?

I've attended an SAC in January 2016. As it was in the last 3 years I assume I won't be offered another course?

Honest answer - you won't know until you complete the s.172 request and get a reply from the force.

NDORS policy is 1 speed related course within 3 years of the date of the first offence (not the date you attended the first course) but ultimately the decision to prosecute or offer a diversionary course lies with the police.

I know some people have had more than 1 course within 3 years.
Seems to be the luck of the draw.

NDORS do keep a database though.

[jbswagger]

Red 4 said:

Honest answer - you won't know until you complete the s.172 request and get a reply from the force.

NDORS policy is 1 speed related course within 3 years of the date of the first offence (not the date you attended the first course) but ultimately the decision to prosecute or offer a diversionary course lies with the police.

I know some people have had more than 1 course within 3 years.
Seems to be the luck of the draw.

NDORS do keep a database though.

Thanks for the heads up, I hadn't realised that about the course.

Fingers crossed!!!