SafeSpeed wrote:
I think the main flavour of the reply is really that graduated penalties are not a response to a problem with the law, but instead are a response to very serious problems with enforcement practice.
I was a good boy and sent a response in a couple of months ago
This is basically what I said - that the proposal puts too much emphasis on pure numerical speed and not on speed relative to the conditions, and the concerns it is addressing basically relate to enforcement practice, not the structure of the penalty system.
In principle, the current system is logical - there's a single, one size fits all fixed penalty offence, as a camera cannot judge the seriousness of an offence relative to the conditions. If, in the judgment of a police officer, the offence is sufficiently serious, then it can be referred to the courts who have a wider range of penalties available. The "problem" lies in the way the system is being abused to maximise the number of convictions, usually at very low tolerances and/or where it is least dangerous to exceed the speed limit.
By the way, I know we've discussed this before, but I didn't read in the document any clear implication that the ACPO guidelines would be abandoned and zero tolerance applied. They are after all only guidelines with no legal standing, and 31 in a 30 has always been strictly speaking illegal and open to prosecution if a police officer so decides.
If they
do go for zero tolerance (which I don't believe they will) then there will be one hell of an outcry.
My view is that this proposal will be quietly dropped after the election, primarily because the anti-car lobby see it as diluting the seriousness of speeding offences.