61 in a 50 - Scotland
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Discussion

Davie_GLA

Original Poster:

6,861 posts

222 months

Thursday 3rd November 2022
quotequote all
Never thought I'd ever have a reason to post in here as I'm usually very careful but ho hum. Bang to rights and caught by a mobile safety camera recently

Using AGT Laws guidelines, i don't this SAC are an option in Scotland and using the column where this isn't an option anyway what am i looking at? Have i just squeaked into a threshold to achieve 3 points and a fine or more?

Clean license, no offences in at least 10 years etc.

LankyFreak

847 posts

51 months

Thursday 3rd November 2022
quotequote all
Davie_GLA said:
Never thought I'd ever have a reason to post in here as I'm usually very careful but ho hum. Bang to rights and caught by a mobile safety camera recently

Using AGT Laws guidelines, i don't this SAC are an option in Scotland and using the column where this isn't an option anyway what am i looking at? Have i just squeaked into a threshold to achieve 3 points and a fine or more?

Clean license, no offences in at least 10 years etc.
My mate just got done for 57 in a 50 (fking Kessock Bridge) 3 points & £100

Good luck smile

BertBert

20,910 posts

234 months

Thursday 3rd November 2022
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3pts

ianrb

1,629 posts

163 months

Friday 4th November 2022
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They don't do SACs in Scotland, just go straight points & FPT.

superlightr

12,920 posts

286 months

Friday 4th November 2022
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ianrb said:
They don't do SACs in Scotland, just go straight points & FPT.
do they have jurisdiction to put points on your licence.? .... a UK licence. Scotland is a devolved authority so has the UK govt allowed Scotland to lawfully impose a penalty on a UK licence?

I presume they do but be interesting to look into what it exactly says when I get some free time. ( stranger get offs things have happened)

douglasb

315 posts

245 months

Friday 4th November 2022
quotequote all
Although there is a devolved government in Scotland not all powers are devolved to it and Scotland is part of the UK. Driver and Vehicle Licencing isn't a devolved area so a UK driving licence can have points applied for an offence committed in any part of the UK.

superlightr

12,920 posts

286 months

Friday 4th November 2022
quotequote all
douglasb said:
Although there is a devolved government in Scotland not all powers are devolved to it and Scotland is part of the UK. Driver and Vehicle Licencing isn't a devolved area so a UK driving licence can have points applied for an offence committed in any part of the UK.
thank you -

is the court applying to the DVLA to have points applied or applying points in its own right? ie could the DVLA say no to the Scottish court?

I quickly read that Law and order is devolved. It interesting to me to try and follow the chain/link to actually see what exactly has been devolved or not and how far and then if the Scottish court has true jurisdiction to impose points on a UK licence.



vonhosen

40,597 posts

240 months

Friday 4th November 2022
quotequote all
superlightr said:
douglasb said:
Although there is a devolved government in Scotland not all powers are devolved to it and Scotland is part of the UK. Driver and Vehicle Licencing isn't a devolved area so a UK driving licence can have points applied for an offence committed in any part of the UK.
thank you -

is the court applying to the DVLA to have points applied or applying points in its own right? ie could the DVLA say no to the Scottish court?

I quickly read that Law and order is devolved. It interesting to me to try and follow the chain/link to actually see what exactly has been devolved or not and how far and then if the Scottish court has true jurisdiction to impose points on a UK licence.
Road Traffic Offenders Act applies to England, Wales & Scotland.
DVLA cover licences for England, Wales & Scotland.

douglasb

315 posts

245 months

Friday 4th November 2022
quotequote all
A couple of things -

Firstly, the OP hasn't said if he lives in Scotland or not. If he does then your question about having authority to issue points is irrelevant.

Secondly, does Scotland have its own equivalent of the DVLA? It doesn't and "Scottish" licences are issued from Swansea so all licences in Scotland, England and Wales are UK licences and can have points applied for offences in any part of the UK irrespective of where the driver lives.

Northern Ireland has its own equivalent of DVLA but points aquired for offences in mainland Britain can be applied to these licences and vice versa (the clue is that it's all the UK). I believe that there is also a reciprocal agreement with the Republic of Ireland (or at least there was before Brexit) whereby a UK driver commiting an offence in RoI could have points applied to a UK licence by an Irish court and similarly an Irish driver could have points applied to a RoI licence by a UK court.

As an aside, the Scottish legal system was different from England and Wales even before devolution.

superlightr

12,920 posts

286 months

Friday 4th November 2022
quotequote all
vonhosen said:
superlightr said:
douglasb said:
Although there is a devolved government in Scotland not all powers are devolved to it and Scotland is part of the UK. Driver and Vehicle Licencing isn't a devolved area so a UK driving licence can have points applied for an offence committed in any part of the UK.
thank you -

is the court applying to the DVLA to have points applied or applying points in its own right? ie could the DVLA say no to the Scottish court?

I quickly read that Law and order is devolved. It interesting to me to try and follow the chain/link to actually see what exactly has been devolved or not and how far and then if the Scottish court has true jurisdiction to impose points on a UK licence.
Road Traffic Offenders Act applies to England, Wales & Scotland.
DVLA cover licences for England, Wales & Scotland.
Thank you smile

Davie_GLA

Original Poster:

6,861 posts

222 months

Friday 4th November 2022
quotequote all
Thanks all, i live in Scotland so looks like points and a fine it is. I'll send the NIP away and pay more attention going forward.

I told the wife and she simply said "well, it's been a while..." biggrin

craig511

490 posts

133 months

Saturday 5th November 2022
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Go unsigned.

See Pepipoo for details but simple enough.

Davie_GLA

Original Poster:

6,861 posts

222 months

Saturday 5th November 2022
quotequote all
craig511 said:
Go unsigned.

See Pepipoo for details but simple enough.
What does that mean?

matchmaker

8,968 posts

223 months

Saturday 5th November 2022
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Davie_GLA said:
craig511 said:
Go unsigned.

See Pepipoo for details but simple enough.
What does that mean?
It doesn't mean anything. Typical PH "I saw it on the internet" comment. You were caught, so you'll just have to pay up. Camera on the Kessock Bridge! Must take more care next time I'm up there...

Davie_GLA

Original Poster:

6,861 posts

222 months

Saturday 5th November 2022
quotequote all
matchmaker said:
It doesn't mean anything. Typical PH "I saw it on the internet" comment. You were caught, so you'll just have to pay up. Camera on the Kessock Bridge! Must take more care next time I'm up there...
I agree, I don’t have the energy to piss about trying to defend something I clearly have no way of denying. st happens

littleredrooster

6,150 posts

219 months

Saturday 5th November 2022
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craig511 said:
Go unsigned.

See Pepipoo for details but simple enough.
Great idea. How much is annual membership for Freeman on the Land these days...?

QBee

22,122 posts

167 months

Saturday 5th November 2022
quotequote all
I suspect that points and a fine are the law, and that driver education courses are a concession offered by enlightened police forces in varous parts of the UK, in an attempt to re-educate drivers who were slightly over the limit rather than excessively.

Someone will be along shortly who knows the law. I am merely guessing, based on the wording of the NIP I received 2 years ago for 57 in a 50 on the A1.
It gave me the option to take the fine and 3 points as prescribed in law, or go back to school (after 50 years driving) for a refresher course at my own expense.

craig511

490 posts

133 months

Sunday 6th November 2022
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Sorry if my reply annoyed you all.

And no I don’t subscribe to Freeman of the land nonsense.

Going unsigned only works in Scotland, hence my comment.

When you receive an NIP you need to provide drivers details. The form also asks you to sign it.

In England you must sign it or the form isn’t complete. This was tested in court.

In Scotland however the Procurator Fiscal has yet taken anyone to court. As long as you complete the NIP, don’t sign it, it will eventually get dropped, sometimes on the day of court when your charge is upgraded to “ failure to furnish”. It’s not hassle free, expect police to doorstep you trying to get you to sign it at all hours of the day etc .
That’s not to say that one day the PF won’t try a case but as of yet it hasn’t happened.

I advised going to pepipoo as there are many examples of people doing just this, including myself some years ago.

Why they don’t test it in court is unknown to me, but it is what it is.

craig511

490 posts

133 months

Sunday 6th November 2022
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Here’s a post from 2011 but the same still stands today.

http://forums.pepipoo.com/index.php?showtopic=6724...

Taozzz

96 posts

96 months

Sunday 6th November 2022
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What’s the situation with the “10%+2” in Scotland? Can’t seem to find any confirmation anywhere.