Safe Speed Forums

Hi guys sorry this is my first post and im asking for help already!

i got flashed yesterday by a fixed camera and im sure i was sitting at just under 30mph in a 30 mph zone - unless i just crept over the limit at a really bad time!

iv only passed my test 4 months ago so really worried ill have 3 points already and can obviously only get three as another 3 would mean losing my licence.

would the camera flash if i was just below 30? and say i was doing 31mph would i still get fined just the same as if i was doing 45mph or something much higher - i thought some new rules had been brought into place a few years ago?

The graduated penalty system is not yet in place. The penalty for 45 in a 30 will be the same as 35 (or 31…..)

The nominal threshold for a prosecution brought on by SCP enforcement (fixed camera) is the legal limit plus 10% plus 2mph, so the trip threshold should be 35mph.

Chances are your speedo is overreading (almost all do) so an indicated 31 will likely mean you were actually at 28/29.

Part of the reason why these cameras flash is to get independent secondary proof (a confirmation) that your vehicle was indeed committing an offence. The primary speed sensor is subject to a variety of errors; the subsequent photo(s) will prove any error of the sensor, hence invalidating the speed reading.
There are countless posts of motorists being flashed in exactly the same manner by cameras on the wrong side of the road; none have been prosecuted.

Given your claim of not speeding (assuming your speedo isn't faulty), I would say it’s likely the camera was a dummy (such uncalibrated cameras without film are common), or the corroborating reading will not match the primary sensor reading.

Assuming you are correctly registered as the keeper of the car, you should know for sure within 14 days.
We would dearly like to be informed if you get a NIP for anything less than 34mph.

First thing you can do is stop worrying (it compounds the problem believe me I have been there)!
An NIP (Notice of Intended Prosecution) will be sent to the REGISTERED KEEPER of the vehicle within 14 DAYS OF THE OFFENCE (and no allowance is made for xmas hols etc. this time limit is enshrined in law) this will ask for the name and address of the driver.
You as the driver will be then asked to accept the fixed penalty or reject it and face a court appearance if you ask for the photos they will most likely say you can only have them at a court appearance.
That is when you have to decide to accept it or attend court to try and defend your case (they don,t normally hand over the photos when asked as it gives you the chance to challenge the evidence by employing expert witnesses on your behalf) you can ask for calibration certificates to PROVE the camera was calibrated as per regulations annually !
If and when you receive the NIP (this can legally take up to 6 months after they have the details of the driver from the registered keeper) I suggest you go to a citizens advice bureau as they have a list of solicitors that give up to a half hour of FREE advice then decide what to do.
Another thing you can do is to have YOUR car speedo checked & calibrated by an independent vehicle repairer to see if your speedo was out of calibration thereby giving you a false reading of your speed.
The law allows for a discrepancy of 10% of the registered speed i.e. 30 mph + 10% = 33mph !
Obviously if you can show this wrong speed might not get you off but it is MITIGATING EVIDENCE as you have to rely on your speedo for the speed you were travelling at on the day.

Stormin

thanks for your reply - i dont think its a dummy - but then how would you tell?

thats reassuring them as no way was i doing 35 i doubt i was even doing 32. it's registered under my mum/dad so will wait and see what happens in the next fortnight - if i dont hear anything can i assume im in the clear?

By the knowledge that it is flashing drivers who are at or below the speed limit


The SCPs must ‘serve’ the NIP to whoever is registered as the keeper within 14 excluding the date of offence; failure for them to do so will render any subsequent prosecution for that offence invalid (this is law). If your parents are correctly registered as the keepers of the vehicle you were driving at the time of the ‘offence’ and they don’t hear anything within the 14 days, then you are legally in the clear.

As Stormin said, there’s no use in worrying. If you find yourself NIPped, report back here and we will give you more advice.

If your mum/dad don't hear anything in a fortnight you're in the clear. If they do hear, pop back in here BEFORE they send the paperwork back to the scamerati.

thanks i will but fingers crossed

Lauren, you would not lose the licence for a further three.. but you would return to provisional status and on regaining licence would recieve it endorsed with six points counting to tot-up ban.






Some digitals can flash..or if not film .. so we hear and understand.

If the worst happens and this was live.. if you genuinely believe you are innocent - pop over to the "peipoo" site and let us know your story as well. If .. you do get a NIP and decide to accept the Fixed Penalty .. then pop along to Halfords and invest in a "useful gadget" Take no notice of the Allan Ramsay types.. these gadgets help you stay legal and safe and compliant .. and do not compromise saftey since they alert over blackspots and the schools tucked down the residential streets

As a new driver .. I will suggest you search the member lists and seek out all posts by In Gear, IanH, Stephen Neil Jeffries, Patch etc. All these serving traffic officers give very sound tips to keep it all safe .. and IG's COAST post is one which seems to have hit home for many too.
Have to say it, Charles.. it was a classic! I am related to this guy via my wife.. but related by marriage or not.. that was some wow of a post!

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iv only passed my test 4 months ago so really worried ill have 3 points already and can obviously only get three as another 3 would mean losing my licence. [/quote]

Lauren, you would not lose the licence for a further three.. but you would return to provisional status and on regaining licence would recieve it endorsed with six points counting to tot-up ban.

yep i count that as being just as bad - to me thats it!! it took long enough and enough money to pass in the first place i cldnt go thro the test again!