Speeding - Questions Answered

[Luke]

The Notice of Intended Prosecution (or NIP)

If you receive one of these it means that they're going to prosecute you for the offence. The NIP can take one of two forms:

* A written NIP (e.g. if you get a ticket from a speed camera)
* Verbal NIP

Most Constabularies send them out within 14 days of the alleged offence - even if you were spoken to at the time by a police officer (see verbal NIP). The law was amended in 1994 to allow the police to serve the NIP via ordinary post.

So, if it's more than 14 days since you were flashed, then they're too late to prosecute you - unless you were driving a company car, hire car or someone else's car. In those circumstances they're allowed more time to track you down and this letter from Staffordshire Constabulary may help you to understand this point.

If the police failed to meet the 14 day deadline for serving the initial NIP to the Registered Keeper, the following link, which includes advice provided by the RAC's legal team, may help you.

f you were stopped and spoken to by a police officer, they have 6 months to prosecute you because the officer will have issued you with a verbal NIP at the time.

There are two separate offences under the law:

* Not providing the name of the driver (this is covered under Section 172 of the Road Traffic Act);
* Speeding.

If you receive a written NIP through the post and you were not spoken to at the time of the alleged offence, you can only be prosecuted for not informing the authorities who was driving your vehicle and, doing so, exonerates you from any prosecution - assuming that it wasn't you who was driving, of course!

You can not be prosecuted for speeding if you weren't driving the vehicle, but some Constabularies try to bully the registered keeper into accepting liability for the offence. However, the burden of proof lies with the prosecution, so, if you weren't driving or honestly can't remember who the driver was, you should "stick to your guns".

If the vehicle was flashed by a Gatso camera then they'll have two photographs of the rear of the vehicle - so how can they prove who was driving, if the driver doesn't incriminate them self? However, you will be in much more trouble than for a speeding offence if you say that you weren't the driver and they can prove that you were! Take a look at the photographic evidence in our Case File 7, and if they treat you any differently to the citizen involved in this case reported on the BBC News site politely remind them that everyone must be treated equally under the provisions of the Human Rights Act introduced to implement the European Convention on Human Rights (ECHR).

Inaccurate NIPs - The "Slip Rule"

There is a "slip rule" that allows the court to modify small errors (such as name/address of the keeper) due to typographical mistakes. Serious errors cannot be modified, and will invalidate the NIP.

* If the registration number is incorrect then the Defendant need only complete the Section 172 Notice attached to the NIP, stating that they are not in fact the registered keeper of the vehicle whose registration number is shown on the Notice.

Naming The Driver

Under the provisions of Section 172 of the Road Traffic Act 1988, the person who is registered as the keeper of the vehicle has a legal obligation to provide the police with the name of the person who was driving their vehicle at the time of the alleged motoring offence.

If the registered keeper fails to name the driver, then they may be guilty of an offence and could be liable to prosecution.


Penalty Points

If you acquire 12 points in a 3-year period then you become liable for disqualification under the "totting-up" procedure; this will be a minimum 6-month period. Disqualification can be avoided if the court can be persuaded that you'll suffer "exceptional hardship". Please note that losing your job is not necessarily considered to be exceptional hardship!

Penalty points count toward totting-up for 3 years, but they are not actually removed from your driving licence for another year, so they stay on your licence for 4 years. The date that counts for the purpose of totting-up is the date of the offence, not the date that the points were actually put on to your licence.

The point and fine system is as follows...

* Fixed Penalty fine = £60 and 3 points
* Average court fine = £128 and 3 to 6 points
* 12 points within 3 years results in a minimum 6 month ban

The cost of insurance premiums can rise in line with the number of speeding fines received. You may find however if you get 3 points on your licence, insurance is unlikely to go up.

UK Law, fines and points.

Known officially in the UK as "EXCEEDING SPEED LIMIT", this table shows baseline penalties you can expect. It's correct as of 10th March 1999. Each case will be looked at individually, to assess factors such as time of day, road type and conditon, weather conditions etc. The fine is now also based upon the financial circumstances of the offender, leading to payment within 12 months.
Offence Fine Costs Penalty Points
up to 15mph over
the posted limit £44 £30 3
16mph to 25mph over
the posted limit £45-£100 £30 4
26mph to 35mph over
the posted limit £45-£200 £30 5-6
36mph or more over
the posted limit £67-£300 £30 Ban 1 month to 12 months.

Temporary speed limits.

You should note that exceeding a temporary speed limit is a non-endorsable offence. This means that you can only get a fine, but not have any endorsements (points) applied to your license. Of course, like most things in law, there is an exception, and in this case it's national speed limits (ie. motorways and dual carriageways). If you exceed a temporary limit on a motorway, such as in roadworks, or the controlled-speed section of the M25, then it becomes an endorsable offence, ie. points. This information is in some dispute at the moment, but came from a traffic officer undergoing basic traffic training so I have no reason to believe that it's false.

Important Information...

• If you have been driving less than 2 years and acquired 6 points or more, you will lose your licence and need to start again
• The police have 14 days to get the NIP out to you, bit extra for company car drivers
• You are allowed to be 10% + 1mph over the speed limit to be okay, anything after is a fine/points.

Once I get more information, I'll add to it.

[Angryhatter]

Just been browsing through the guides and came across this one.
Is it definitely true that you have a 10%+1 space between the limit and being nicked?
As I have heard it before but have also been told its untrue by many people and in fact you only get +3mpg regardless of the limit on the road.

I am inclined to believe in the 10%+1 rule, but you have to wonder where these other people got their information from.

[DanH]

The 10%+1 is a general 'guideline' for the allowance of speedo inaccuracies.

The law states that speeding is a strict liability offence, which basically means you don't have to intend to speed, it is simply enough that you are doing so. Therefore the 10%+1 rule wouldn't stand up in court should it come to it that you were doing say 33 or 34mph in a 30, and you would find yourself a bit red faced arguing blindly you 'should be allowed'.

As far as I'm aware, it is practised by most forces that they allow the 10%+1, but as usual is up to the discretion of the officer, so I would advise if stopped doing under the threshold, but over the limit that you are extremely polite and courteous, and tell them that your speedo is possibly a few mph out, as you "swear you were doing 30". Don't presume you will get away with it, and definately don't inform the officer you expect to get away with it!

In terms of speed cameras and the 10%+1 rule it is generally accepted that unless they are seriously cracking down on speeding, and usually only in 30mph zones where it may sometimes be programmed for zero tolerance - then it will usually be set to flash after the 10%+1 is exceeded, but again this is discretionary and will depend on how the machine is set up.

The only other point I can think of, is that possibly under the 'fair treatment' policy or similar of the Police you could argue the case that plenty of people you know have not been cautioned for speeding when doing the same speed - so therefore they are not practising fair policing (after all why should some people get away with what you've been cautioned for?)

Hope this helps somewhat.

[Nath]

I heard in scotland they cant do you untill your over thee 10% but in england any speeding can be fined,

Nice guide though,ill read it all tomorrow

[Chris]

This is true but the 10%+1mph does not include motorway or national speed limit driving as this would allow 78mph.

I was told this a few days after passing my test by a friendly police officer.

[John]

Simply dont speed.

Mate speeded everywhere, literally. 2 and a half year later.. POW! 3 points. Seems to me sticking to limits pays off.

He said hed never get caught, i said you will.