yimitier wrote:
jomukuk wrote:
Quote:
The acpo guidance is just that, guidance.
The law is such that 31mph in a 30 limit is an offence.
If you chose to use the acpo guidance in a court you will (I am sure...) find that they pay scant attention to acpo guidelines.
In any case, the court will not fine you £60.00 and give you three points.
At the end of the day most people cannot afford the time, money and trouble of going to court.
Time off work (court, solicitor consultation/s) etc
Fine (likely to be in excess of £200.00)
Costs (again, likely to be in excess of £200.00)
Points (30 limit offence, so probably 6 points)
Under the 30 minute rule by the law society you can get free advice. I suspect that for many people the advice will be: "you'll lose, and it will cost you thousands"
Speeding policy was set by ACPO in order to give the motorist a "fair crack" and was presented to Parliament as such before the Road Traffic Act was ammended in 1998.
It was never set for this reason; where did you get that idea?
yimitier wrote:
Their policy may only be "guidelines" but in relation to being members of Partnerships operating under The Road Safety Camera Scheme it is a condition laid down to the Ministry of Transport for acceptance to operate within the scheme.
No it isn't.
yimitier wrote:
All partnerships have agreed to abide by ACPOs thresholds limits and present it with their application to operate a Partnership each year.
No they don't.
yimitier wrote:
Breach of Partnership conditions - NO CAMERA SCHEME, NO NETTING OFF so The Chief Constable has to carry on FUNDING his policy from his budget and the whole of the FPNs income goes straight to the Treasury.
The police can only claim costs for enforcement in the scheme; if the policy was to enforce below the numerical values in the ACPO Speed Enforcement Guidelines then that is fine and no problem as when you read the full ACPO SEG you will see close to the table the following:
"
The Guidance
ACPO's guidance has been formulated having taken account of the need for proportionality (especially with the introduction of Human Rights legislation) and the need for targeting in order to maximise the potential of scarce police resources and make a substantial contribution to the multi-agency road death and injury reduction effort.
Driving at any speed over the limit is an offence. The differing speed limits are generally related, and proportionate, to the risks to all road users using that road. Where police officers consider that an offence has been committed i.e. that a motorist has driven at any speed over the relevant speed limit, they should consider whether it is appropriate to take enforcement action against the offender.
The Police Service now uses technology that enables it to prove that an offence has been committed as soon as a driver exceeds the relevant speed limit by a very small margin. Motorists will therefore be at risk of prosecution immediately they exceed any legal speed limit.
The guidance to police officers is that it is anticipated that, other than in the most exceptional circumstances, the issue of fixed penalty notices and summonses is likely to be the minimum appropriate enforcement action as soon as the following speeds have been reached:
[The Well Known Table]
This guidance does not and cannot replace the police officer's discretion and they may decide to issue a summons or a fixed penalty notice in respect of offences committed at speeds lower than those set out in the table. Moreover, in particular circumstances, driving at speeds lower than the legal limit may result in prosecution for other offences, for example dangerous driving or driving without due care and attention when the speed is inappropriate and inherently unsafe."You can see therefore the guidance is that any speed above the speed limit
may be enforced and that when the speeds in the table are reached that enforcement
will take place.
Lancashire are well within the guidelines and it appears they have read them.
yimitier wrote:
That's why Lancashire, who were the only Partnership offering a SACs, in 2001, could only offer it at 35mph because that was the fixed ENFORCEMENT THRESHOLD under ACPO "Guidance" and nothing below qualified for prosecution by way of FPN!!! Not that that put them off ONCE THEY WERE IN!
This is irellevant
yimitier wrote:
In relation to SAC courses these are outside the Road Safety Camera Scheme and are offered as an ALTERNATIVE TO PROSECUTION i.e. 10%+2, and are ALL run under the criteria of ACPO!
Good link here:
http://forums.pepipoo.com/index.php?aut ... icle&id=34Some are, some are not; they do not have to be so you are wrong in this respect.
yimitier wrote:
Any Chief Constable can operate a speeding policy in any manner he wishes. The law says 30 is the limit, 31 is breaking the limit and is prosecutable.True!
This is the first thing you have got right.
yimitier wrote:
But if the Chief Constable chooses that's the way he wants to go he has to do so OUTSIDE of The Partnership and he funds his policy from his budget and gets NO INCOME from Speeding Fines; This goes straight through the Courts to the Treasury.
Oh dear! Back to being wrong again.
yimitier wrote:
When will people understand it's ALL ABOUT MONEY ?
ACPO guidelines they may be but when Police accept them to get their greedy mitts on my CASH then they operate the system within the "Guidelines" or they don't get my money and they shouldn't get anybody elses either!
you are talking a load of old shite really; hope this helps!