Safe Speed Forums

I was apparently travelling at at 49mph in a 50 zone on the A15 in a HGV, the gatso clocked me at 49mph, although HGV's are only permitted to travel at 40mph on a single carriageway. My point is that should there have been signs stateing that the cameras were set to activate under 50mph if an HGV went above 40mph? Also in my defence the Tachograph was out of legal calibration, and I found out later that day that the HGV was also out of MOT, which is not the Drivers responsibility. I am in court on the 20th in Gainsborough because I pleaded not guilty, any help would be great. I travelled to Scotland quiet often, and on the A75 the speed limit is 50 mph, and 40mph for lorries, but up there they have signs every few miles reminding lorries of the speed limit! Many thanks Yorkie16

It is an interesting point that the combined 50 and speed camera signs do not apply for lorries, However in reality this defence will not work in court.

Pointing out that the MOT and tacho callibration was defective will bring You or your firm a lot more grief and a bigger fine?

MOT is the drivers responsibillity.... in law... your firm will also get done!
Vosa could raid your firm and remove the operators liscence. I imagine that they would lay off drivers.
I would get over to www.pepipoo.com and look in the forums.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code

Yorkie16, If I were you I would edit your post and remove your name.

I can't advise you on this but if you stick around I'm sure there are people who will.

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Useless laws weaken necessary laws.

Oh yes it is.

There is no offence of having an out of date MoT; there is an offence of using (ie driving) a vehicle without one.

It may not be your responsibilty, as driver, to obtain the test certificate; but it is definitely your responsibilty, as a driver, to ensure that the vehicle is road legal before you drive it on the public highway.

Is that true even for company vehicles? I would have thought that responsibility would be down to the registered keeper? (in this case the company). What about hire cars?

I've driven many a company car without even thinking about the MOT (however, I was once given a pool car which had an out of date tax disk so I asked for another car).