ATP Template with bundler

Speeding


Answer

If a speed camera has recorded you speeding, you will receive a notice of intended prosecution/conditional offer. The notice of intended prosecution will be accompanied by a Section 172 notice, which you are required to complete to confirm the identity of the driver. Failure to provide these details may amount to an offence for which a prosecution could be pursued.

There is a statutory duty on all keepers of motor vehicles to be able to provide details of who has been driving the vehicle and keeping records is obviously the easiest way of doing this.

If you suspect your number plates have been cloned, please see Q381.


Answer

Each force operates under their own guidance and although they are not obliged to provide the photographic evidence, some will. However, many forces will not release photographic evidence unless the ticket is challenged (plead not guilty). You can request the photographic evidence and in doing so you must provide your Notice number and vehicle registration number, and you must be the person named on the notice of intended prosecution. Your request will then be considered by the relevant force in line with their guidance and policy, and you may then be sent the evidence, which will usually include the photographic evidence and/or a statement.

Any person accused of a criminal offence has the right to defend themselves and in order to do this, evidence of the breach of law must be provided to them. There is no requirement as to exactly what that evidence must be, only that it is evidence of the breach of the law and that you will be able to have a fair hearing.


Answer

Speed cameras are calibrated once a year as per the set guidelines. The cameras very rarely malfunction and if they do the faults are spotted before any notices of intended prosecution are issued and sent out.

Please also see the link in Related Information for official Government documentation on this topic.


Answer

Towing a caravan/trailer is an involved matter. It's not possible to cover in detail all the various issues you will need to consider. However, basic information is provided below:

Driving licences
The link below explains about driving licence entitlement in relation to towing a caravan/trailer:

Requirements for towing trailers in Great Britain INF30 (publishing.service.gov.uk)

You can view your driving entitlement online via the link below:

View or share your driving licence information - GOV.UK (www.gov.uk)

Passengers
It's against the law to carry passengers in a caravan when it's being towed.

Speed limits
It is also important to stick to the required speed limits – they are different for cars towing a caravan/trailer:

  • 60mph - motorways and dual carriageways
  • 50mph - single carriageways
  • 30mph - built-up areas

Motorways – third lane
On the motorway, a car towing a caravan/trailer is not permitted to use the right hand (offside) lane on a motorway, which has three or more lanes open for use.

Mechanical condition
Make sure your car and caravan/trailer are roadworthy with regard to their mechanical condition e.g., lights, tyres, brakes, number plates, mirrors etc.

Weights and plates
Make sure the weight of your drawing vehicle, your caravan/trailer and the combined weight of your car and caravan/trailer doesn't exceed the various weights shown on the plates on your drawing vehicle and caravan/trailer.

Tow ball
Make sure you comply with any requirements in relation to your car's tow ball e.g., weights, heights and breakaway couplings.

Mirrors
The basic requirement is that you must be able to see clearly down both sides of your caravan and 4 metres either side at a distance of 20 metres behind the caravan. If your existing car mirrors cannot provide this or you are doubtful as to whether they can, it is safest to fit extension towing mirrors otherwise you may commit an offence.

Insurance
Make sure your insurance covers towing a caravan/trailer – most insurers will need to know if you fit a tow ball to your vehicle and want to tow a caravan.

Further information
It's important to realise that the above only represent a basic guide to what's required. If you need further information, we suggest you contact an approved dealer or an organisation such as the Caravan and Motorhome Club – please see the link below:

Caravan and Motorhome Club

The link below provides further information in relation to towing trailers:

Department for Transport - Guidance: towing a trailer with a car or van


Answer

If you're caught speeding, depending on the speed at which you were travelling, you may be given:

  • a warning,
  • an invitation to attend a Speed Awareness Course (see Q584),
  • an endorsable fixed penalty notice/traffic offence report,
  • a summons for court.

It's also more than likely that you will have to produce your documents (driving licence, insurance and MOT) at a police station of your choice within 7 days (unless you have all the necessary documentation with you).

Penalties
In relation to speeding it will all depend on the amount by which you exceeded the speed limit. If you are within certain parameters you may be offered a Speed Awareness Course and won't then receive points or a fine providing:

  • You have admitted to being the driver of the vehicle at the time of the alleged offence and returned the documentation within the 28 day period calculated from the date the notice was sent to you.
  • No more than 12 weeks have elapsed since the date of the alleged offence.
  • There were no further offences committed at the time of the alleged offence.
  • You have not attended a speed awareness course within the 3 years prior to the current offence.
  • You were driving at a speed which qualifies as per the table below.
 

Limit

Device tolerance

Fixed Penalty when education is not appropriate

Speed Awareness if appropriate

Summons in all other cases and above

From

To

20 mph

22 mph

24 mph

24 mph

31 mph

35 mph

30 mph

32 mph

35 mph

35 mph

42 mph

50 mph

40 mph

42 mph

46 mph

46 mph

53 mph

66 mph

50 mph

52 mph

57 mph

57 mph

64 mph

76 mph

60 mph

62 mph

68 mph

68 mph

75 mph

86 mph

70 mph

73 mph

79 mph

79 mph

86 mph

96 mph

All speeds identified above are those shown on the speed device, speedometer or other detection devices

Alternatively, you could receive a £100 fixed penalty ticket and 3 points or if the matter goes to court you could receive a maximum fine of £1000 (£2500 if on a motorway) and 3 to 6 penalty points. If you were exceeding the speed limit by a great deal, you could receive a ban. As a general rule, if you're caught travelling in excess of 45%-50% of the speed limit you could be given an instant driving ban.

Foreign drivers
The above options also apply to foreign licence holders but it's a matter for the police to decide what action to take. Note that a foreign licence holder can take the Speed Awareness Course providing they are eligible - see Q584 for information on the Speed Awareness Course.


Answer

Yes, you can. The links below explain about the offence of speeding and the sentencing guidelines:

Speeding – Sentencing (sentencingcouncil.org.uk)

Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)

However, the threshold at which speed enforcement begins is at the discretion of each individual police force. Below are the recommendations from the Association of Chief Police Officers as to what the minimum speed for enforcement is and what is the minimum speed for court proceedings.

 

*** PLEASE NOTE THAT THE BELOW ARE ONLY RECOMMENDATIONS AND POLICE FORCES ARE NOT BOUND TO FOLLOW THEM SO YOU CANNOT RELY ON THIS INFORMATION. IT HAS BEEN REPRODUCED HERE AS A GUIDE ONLY ***

 

Limit Device tolerance Fixed Penalty when education is not appropriate Speed Awareness if appropriate Summons in all other cases and above
From To
20 mph 22 mph 24 mph 24 mph 31 mph 35 mph
30 mph 32 mph 35 mph 35 mph 42 mph 50 mph
40 mph 42 mph 46 mph 46 mph 53 mph 66 mph
50 mph 52 mph 57 mph 57 mph 64 mph 76 mph
60 mph 62 mph 68 mph 68 mph 75 mph 86 mph
70 mph 73 mph 79 mph 79 mph 86 mph 96 mph
All speeds identified above are those shown on the speed device, speedometer or other detection devices

 

 


Answer

Please see details of how long penalty points / endorsements may stay on your licence below. 

4 years from the date of offence for endorsement codes

Code

Offence

Points

AC10

Failing to stop after an accident

5 to 10

AC20

Failing to give particulars or report an accident within 24 hours

5 to 10

AC30

Undefined accident offences

4 to 9

BA10

Driving while disqualified by order of court

6

BA30

Attempting to drive while disqualified by order of court

6

CD10

Driving without due care and attention

3 to 9

CD20

Driving without reasonable consideration for other road users

3 to 9

CD30

Driving without due care and attention or without reasonable consideration for other road users

3 to 9

CU10

Using a vehicle with defective brakes

3

CU20

Causing or likely to cause danger by reason of use of unsuitable vehicle or using a vehicle with parts or accessories (excluding brakes, steering or tyres) in a dangerous condition

3

CU30

Using a vehicle with defective tyres

3

CU40

Using a vehicle with defective steering

3

CU50

Causing or likely to cause danger by reason of load or passengers

3

CU80

Breach of requirements as to control of the vehicle, such as using a mobile phone

3 to 6

DR40

In charge of a vehicle while alcohol level above limit (If a disqualification isn't imposed)

10

DR50

In charge of a vehicle while unfit through drink (If a disqualification isn't imposed)

10

DR60

Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive (If a disqualification isn't imposed)

10

DR70

Failing to provide specimen for breath test (If a disqualification isn't imposed)

4

DG40

In charge of a vehicle while drug level above specified limit (If a disqualification isn't imposed)

10

DR90

In charge of a vehicle when unfit through drugs (If a disqualification isn't imposed)

10

IN10

Using a vehicle uninsured against third party risks

6 to 8

LC20

Driving otherwise than in accordance with a licence

3 to 6

LC30

Driving after making a false declaration about fitness when applying for a licence

3 to 6

LC40

Driving a vehicle having failed to notify a disability

3 to 6

LC50

Driving after a licence has been cancelled (revoked) or refused on medical grounds

3 to 6

MS10

Leaving a vehicle in a dangerous position

3

MS20

Unlawful pillion riding

3

MS30

Play street offences

2

MS50

Motor racing on the highway

3 to 11

MS60

Offences not covered by other codes (including offences relating to breach of requirements as to control of vehicle)

3

MS70

Driving with uncorrected defective eyesight

3

MS80

Refusing to submit to an eyesight test

3

MS90

Failure to give information as to identity of driver etc.

6

MW10

Contravention of special roads regulations (excluding speed limits) (Motorway offences)

3

PC10

Undefined contravention of pedestrian crossing regulations

3

PC20

Contravention of pedestrian crossing regulations with moving vehicle

3

PC30

Contravention of pedestrian crossing regulations with stationary vehicle

3

SP10

Exceeding goods vehicle speed limits

3 to 6

SP20

Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles)

3 to 6

SP30

Exceeding statutory speed limit on a public road

3 to 6

SP40

Exceeding passenger vehicle speed limit

3 to 6

SP50

Exceeding speed limit on a motorway

3 to 6

TS10

Failing to comply with traffic light signals

3

TS20

Failing to comply with double white lines

3

TS30

Failing to comply with 'stop' sign

3

TS40

Failing to comply with direction of a constable/warden

3

TS50

Failing to comply with traffic sign (excluding 'stop' signs, traffic lights or double white lines)

3

TS60

Failing to comply with a school crossing patrol sign

3

TS70

Undefined failure to comply with a traffic direction sign

3

UT50

Aggravated taking of a vehicle

3 to 11


Answer

No, it's against the law.

Any interference with the number plate to make it less easily distinguishable to the eye or which would impair the making of a true photographic image is against the law.

Although the spray does interfere with flash photography, many speed cameras have Automatic Number Plate Recognition (ANPR) technology that uses infrared, thereby making the spray ineffective.

You could be liable for a substantial fine if you are found guilty of using such a spray.


Answer

The purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory.

When you receive a NIP it doesn't automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP must be served on the driver or registered keeper within 14 days of the offence otherwise the offence cannot proceed at court. If the details of the driver are not known, then it is sent to the registered keeper. In either case, so long as it arrives at the relevant address within the time limit the notice is valid.

If the registered keeper has changed address/not informed DVLA etc., as long as the NIP arrived at the address on record for the registered keeper within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within 14 days.

NIPs can also be issued verbally to the driver at the time of the offence or alternatively, you could receive a court summons through the post for the alleged offence within 14 days.

Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.

A Notice shall be deemed to have been served on a person if it was posted to them at their last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by them. A posted NIP is deemed to be served until the contrary is shown.


Answer

You can't suggest that you want to do a Speed Awareness Course, if you are eligible to attend the course you will be notified by the police. The criteria operated by each Police Force in relation to attending SACs differs slightly. The following are the guidelines operated by one police force:

  • You have admitted to being the driver of the vehicle at the time of the alleged offence and returned the documentation within the 28 day period calculated from the date the notice was sent to you.
  • No more than 12 weeks have elapsed since the date of the alleged offence.
  • There were no further offences committed at the time of the alleged offence.
  • It is more than 3 years from the date of any previous offence that you attended the same course for.
  • You were driving at a speed which qualifies as per the table below.

 

Limit Device tolerance Fixed Penalty when education is not appropriate Speed Awareness if appropriate Summons in all other cases and above
From To
20 mph 22 mph 24 mph 24 mph 31 mph 35 mph
30 mph 32 mph 35 mph 35 mph 42 mph 50 mph
40 mph 42 mph 46 mph 46 mph 53 mph 66 mph
50 mph 52 mph 57 mph 57 mph 64 mph 76 mph
60 mph 62 mph 68 mph 68 mph 75 mph 86 mph
70 mph 73 mph 79 mph 79 mph 86 mph 96 mph
All speeds identified above are those shown on the speed device, speedometer or other detection devices

 

 

Please note that because the guidelines differ from one force to another, if you have a particular question in relation to your eligibility to attend the course, you will need to contact your local police using the non-emergency 101 number and ask to speak to someone in either the Central Ticket Office/Process Bureau or Fixed Penalty Office (names vary between different police forces). You may need to keep trying the number because the lines are usually very busy.

 

 

 

 


Answer

The national speed limit varies depending on the type of road you are on and the vehicle you're driving. The national speed limit is depicted by a white circular sign with a black stripe diagonally across it from right to left.

  • If you're on a dual carriageway and driving a car or motorcycle the national limit is 70mph.
  • If you're on a single carriageway and driving a car or motorcycle the national speed limit is 60mph.

The link below lists the speed limits applicable to different vehicles:

GOV.UK - Speed limits

The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions. Driving at speeds too fast for the road and traffic conditions is dangerous. You should always reduce your speed when:

  • the road layout or condition presents hazards such as bends
  • sharing the road with pedestrians, cyclists and horse riders, particularly children and motorcyclists
  • weather conditions make it safer to do so
  • driving at night as it is more difficult to see other road users.


Answer

Maximum speed limits are displayed by circular signs with red borders. The signs may be displayed on poles at both sides of the road or on lampposts / poles along the road. On motorways the speed limit may be displayed on signs above the carriageway.

The presence of street lights generally means that there is a 30mph (48km/h) speed limit unless signs say otherwise.

The link below lists the speed limits applicable to different vehicles:

https://www.gov.uk/speed-limits


Answer

A vehicle's speedometer must be kept free from any obstruction that may prevent it from being read and shall at all times it is used on a road be maintained in good working order. The only exceptions to this are when:

  • The speedometer became defective during the journey being undertaken, or
  • Steps have been taken to have the defect remedied by replacement or repair as soon as possible.
  • The vehicle has an approved tachograph.


Answer

It is the responsibility of the last known registered keeper of the vehicle to provide details of who was driving at the time of the alleged offence. Failure to do so could result in a fine.

If you do not know who was driving then you should contact the Central Ticket Office of the force concerned who will advise you what action to take as policy may vary from force to force. Photographic evidence (if available) may resolve the issue.

If it is a company vehicle and no driver can be identified then it may be the company secretary/director who is prosecuted for failure to furnish driver details. A company may argue that they don't keep records of who drives their vehicles so the required information cannot be supplied. However, any such argument will fail at court unless the company can prove not only that it doesn't keep records but also that failing to keep records is reasonable in the circumstances.


Answer

You should contact your local council who will be able to advise you on the traffic calming measures that are in place, or the process for getting traffic calming introduced in your area.

See Related Information to find your local council.


Answer

There is nothing in law that states that any speed camera device, whether fixed or mobile, must be marked in any way, signed or at a particular position. There are codes of practice and best practice guides that are set by police forces themselves but these are policies rather than law.


Answer

Depending on the offence, penalty points and disqualifications are valid for either 3 or 10 years, but they remain on your record for an additional year. Please see the link in Related Information which tells you how long points will remain on your driving record.


If you apply for a driving licence at the age of 17, any points you received as a 15-year-old will be shown on your driving record - you can view your driving record via the link in Related Information.


If you acquire further points on your licence so that the number reaches 6 or more within 2 years of passing your test your licence will be revoked and if you obtain 12 points with a 3 year period, you will be disqualified.


Answer

Twelve penalty points on your licence within 3 years will mean that you face disqualification under the 'totting up' procedure.

If you have 9 or more penalty points on your licence then you cannot accept any further fixed penalty tickets and must go to court.

For further information see Q368 (how long penalty points last) and Q713 (penalty points for newly qualified drivers)


Answer

If you acquire 6 or more penalty points within 2 years of passing your first driving test you will automatically have your licence revoked. To get it back you must apply and pay for a new provisional licence, drive as a learner (supervision, 'L' plates etc.) and pass both theory (including hazard perception) and practical tests again.

You can acquire penalty points on your provisional licence before you pass your test but if you then receive more points after passing your test, taking the total to 6 or more, your licence will be revoked. Having your licence revoked when you have acquired 6 or more penalty points does not 'wipe the slate clean', any live penalty points will still be shown on your licence when you get it back.

Revocation only applies where the offence that causes the points to number 6 or more is committed during the probationary period (2 years from passing your test). This means that if you obtain 6 points or more points before you have taken your test you can still pass your test and obtain your licence, but if you obtain any more points within 2 years of passing your test, your licence will be revoked.

Note: If the points on your licence number 12 or more within a three year period, you will be liable to be disqualified under the 'totting up' provisions – usually for at least 6 months.

Note: The penalty for using a mobile phone whilst driving is 6 penalty points and a £200 fine. For newly qualified drivers this could result in your licence being revoked for a single offence.


Answer

Guidance issued by the National Police Chiefs Council (NPCC) suggests when enforcement action will be taken against speeding motorists – this is usually when the relevant speed limit is exceeded by 10% plus 2 mph. However, this is for guidance purposes only, a police officer has the discretion to act outside it. Some drivers wrongly interpret it to mean that they can legally exceed the speed limit – this is most definitely not the case.


Answer

Gatso cameras are the most commonly used speed cameras on UK roads. They use radar technology to measure how fast a vehicle is travelling. If a vehicle is exceeding the speed limit for a given road, a camera and high powered flash take two photographs of the rear as it passes. The cameras only take rear facing photographs so the high powered flash doesn't blind drivers.

The Truvelo camera is usually forward facing (it can be rear facing) and uses four piezo sensors embedded in the road surface at set distances to measure the speed of passing vehicles.

SPECS cameras record a vehicle's average speed over a given distance. They are often used on motorways/dual carriageways or road works.

Contact your local police force

Enter your town or postcode to see information from your local force

If you can't find the answer?

Submit A Question