CAUGHT SPEEDING BY POLICE or SPEED CAMERA: What to expect | BlackBeltBarrister
Vložit
- čas přidán 13. 05. 2021
- If you have been caught speeding by police or a speed camera, there is a procedure that kicks off in the background and is mostly automated. You MUST NOT ignore letters that come through the post as you may commit further offences by failing to cooperate. You will be asked to notify who was driving (and therefore speeding) at the time of the alleged offence.
Always take formal legal advice (which this video is not!) but this should give you an overview understanding of the process.
for MORE make sure you subscribe here:
czcams.com/users/blackbeltsecr...
Brilliant contract law book:
amzn.to/2PHC2O1
Excellent book with an overview of criminal law:
amzn.to/3gTPEAV
Become a channel member to access stripes and perks!
/ @blackbeltbarrister
My camera gear:
Big Camera amzn.to/3yFFcFf
Small Camera amzn.to/2RB7ez9
RODE VIDEOMic Pro+ amzn.to/2QCJURi
Gobe ND Filter amzn.to/2R3eEuA
Neewer Ring Light amzn.to/3aOkLtT
Switch Pod amzn.to/3sZb8yA
JOBY Tripod amzn.to/3dXJYDT
External Media Drive amzn.to/3uxNDOQ And if you like my house and decor:
MY CHAIR:
amzn.to/3mYpPBB
Lamp 1 amzn.to/3ntbEnm
Lamp 2 amzn.to/3dXfUZi
AND OF COURSE MY CZcams CHANNEL MEMBERSHIPS!
Learn more about trespass and tort law:
amzn.to/32N6TLS
(Affiliate link)
Other law tips:
• Common Law
Consumer law:
• Consumer Law
Tree law:
• Tree Law Miniseries
Road traffic law:
• Road Traffic Law
Family law:
• Family Law
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action.
#blackbeltbarrister #law #barrister
DISCLAIMER: This video and description contain affiliate links, which means that if you click on one of the product links, I will receive a small commission.
You may also like: What is the Police Caution & Your rights on arrest: czcams.com/video/8GyxnOhA7QU/video.html
Trial by Jury: czcams.com/video/fZzqNDUFT5o/video.html
Freemen of the Land: czcams.com/video/SfGI5ZOhvJo/video.html
Drink Drive offences: czcams.com/video/d8501jTPKTk/video.html
Daniel - great video. I'm an Institute of Advanced Motorist driver and former instructor for them, whilst in most normal circumstances you should drive at or as near to the speed limit as possible so as not to slow up traffic, there are times when driving to the speed limit is not only not advisable but is dangerous.
I often hear from folk that often police in England won't stop or prosecute someone on the Motorway unless they are exceeding 80mph in a 70mph posted limit and often not until they reach the threshold near or at "excessive speed" (generally thought to be 15mph over the posted limit). I'm assuming this is because a conviction would be a slam dunk for that speed. It's certainly NOT that case in Scotland where the speed limits are much more rigidly enforced.
I was a passenger in a car that was stopped by a police car in Dumfries (about 70 miles South of where i live in Glasgow) and the driver (my friend) was doing 75mph in a 70mph zone and was prosecuted - reason being was because it was slightly foggy and visibility was reduced to about 150 yards. At the time the Policeman mentioned the reduced visibility as an important factor along with the damp surface. When in court (i was a witness for my friend) this evidence was read out and my fried duly received 3 points and a £100+ fine. Afterwards while having a late lunch and a drink in a pub to calm his nerves (i drove back) the actual judge came in and spoke to us at the bar stating in his many years it is unusual to see such a low tolerance of speeding prosecuted, however he felt duty bound because my friend admitted exceeding the limit and the police officers comments about the fog and dampness of the surface. He said he reduced the fine because my friend opted not to bring a lawyer, pleaded guilty immediately and explained the circumstances.
Another misconception is the thought that you can break the speed limit briefly to overtake as long as you return to the speed limit when you've completed the manoeuver, this is incorrect you should not overtake unless you can do so without exceeding the speed limit. I've heard some folk claim that a flowing police car records your speed over 1/4 to 1/2 of a mile because of this (to allow you to overtake another driver without them having to stop you) however AFAIK the reason for this is simply to ensure that they can prove you were speeding beyond what would be termed as a momentary lapse (a few seconds)
Perhaps a video to cover some of these points?
@@terencej72 That's interesting, thanks - perhaps I could set up "guest" shows if you would be interested in speaking?
@@BlackBeltBarrister don't worry about Mr swift or his wife. their daughter taylor has plenty of money and good lawyers I am told.
Are the police now a Corporation? It it legal to charge people for crimes?
@@elizabethoxley8375 no. The police work for the Queen. It is the Queen's justice that is served. She can stop a prosecution if she wants to.
This is a true story. Myself, wife and son were all insured on our car with the registered keeper being my wife. I and my son went out one day and later my wife received notification of a speeding offence. Clearly, although we were not aware of speeding, it was one of us driving and not my wife. The problem was that because I was unsure of the route before satnav was in general use, I swapped driving with my son. Being unaware of the speed camera we couldn't even remember who had been driving at that particular spot and we told my wife that. She informed the police that it was either one of us and that she was in no position to prove it one way or another and that the police should perhaps write to us. They never did write but my wife then got a further, more threatening letter from another police unit demanding that because she could not name the driver she should sign the declaration herself. She wrote back to say that as she had already legally declared that she was not the driver she could not now say that she was as she risked prosecution for making a false declaration. That was years ago and we heard nothing further. I would be interested in your thoughts on this. I will add that at 74 I have never had a speeding conviction and neither has my son who is now 46.
We had almost the same situation
We replied that since the vehicle is used by various people so we asked for a copy of the photo
It wasn't clear on the photo who was driving
We replied that it wasn't clear who was the driver at the time.
Since we were unable to identify who the driver was,
being the registered keeper I replied since we couldn't identify who was driving at the time, that I would accept the fine
Interestingly they wrote back saying that there wasn't an option for when the actual driver cannot be identified
and in future a log should be kept who was driving.
Obviously this is OK, but when on a long trip, with 2 or 3 different drivers who can remember who was driving especially when you aren't aware of speeding.
Interestingly we found out the mobile unit was just after a speed change from 40 down to 30.
We were caught doing 34mph on a road we weren't familiar with in my opinion you shouldn't be fined especially since it's clear you are/where slowing down
It would be interesting to see how many fines are issued very close to a speed transition point, I.e from 40 to 30
There is no requirement that I know of for a private owner to keep track of who was driving at any particular time, just that they are insured.
@RonSeymour1 That's what I thought needless to say we don't bother, especially since we don't knowingly speed
Fining doesn't deter speeders, all it does is raise revenue, especially the mobile van ones,
If they want to reduce speeding make the mobile vans more prominent and visible
Surely the object is to stop speeding, not generate revenue
I'm a law student just finishing 1st year at uni and have just discovered your channel, finding it very helpful in securing my knowledge as well as learning plenty more from yourself 👍
If it was about road safety they would be out repairing the pot holes .
Speeding is dealt with by the police pot holes aren't?
Who's they?
Speeding fines are the biggest con in this country.
Nope car insurance is the biggest con in this country.
Martin Mowbray ......ive been driving over 30 years and never had a ticket or a bump.
Since they only catch people speeding then there is no con in it.
Don't speed and you won't see a fine
@@pauldavison7105 The problem with speed cameras is they do nothing to make the roads safer,check the figures on the effects of cameras since they were introduced.Cameras only catch a few speeding motorists but do not deal with all the other issues on the roads.You only need look on here at the thousands of dash cam footage to see that speeding is only a small reason for road crashes.Bad/poor driving is on the increase and the number of police officers is on the decrease.Cameras are used as a easy fix but one that does nothing for overall road safety.
@@stephenmudiecastles.2938 speeding is bad driving and regardless of what a camera is placed for they only catch people guilty of speeding.
Don't speed and you don't get caught
I remember this case of a guy who went over 100 to try and escape the police and crashed on the roundabout, had a suit and tie and only got 6 points on his license and that was it. Still driving to this day. He was lucky not to hit anyone. Even ran from the police.
good video , just subscribed,keep up the good work young chap
Thank you, kind Sir!
Another great video thanks 👍🏻 the more info on speeding, road traffic offences would be of interest 😁👍🏻
Coming up!
Drive carefully and keep safe out there x...
The room you do you vids has changed remarkably. Cant believe the change seeing this older vid
With respect to 'due diligence', the Police are expected to maintain the cameras. So, as part of the evidence against you, you can request the camera 'service record' and 'calibration confirmation details' to be sure that the camera being used at the time was working legally and at 100% accuracy. Usually, it will not be provided and the case will go cold at that point - in my experience as an Advocate for people facing such issues.
I have helped many people over the years, in the UK, who weren't sure if they were speeding but knew they were driving the vehicle at the time. They managed to get their cases stopped at the point of first contact - simply by making that request for the technical data pertaining to the equipment used by the Police. Those cameras are public property, so the accused (or anyone else in the world) can make a FOI request for the technical data pertaining to the cameras (the accused would make an SAR under the GDPA 2018). Likewise, I'd also suggest that Google Maps is used to ensure that the alleged site of the offense is actually pictured honestly and accurately in the 'Police Evidence'. I had one case where Google Maps clearly showed the road bending to the right in the distance (first photo) but the Police photo showed a bend to the left - it wasn't the same road! The name of the road where the offense was alleged to have taken place was also spelt wrong. So, that was another case halted on the grounds of questionable 'evidence' obtained by the Police.
Don't assume that the Police, the lawyers or the Court know what they are talking about. They are academics who are 'sworn' to the system - they swear no allegiance to the public, logic or reason. Therefore, I would VERY STRONGLY recommend that (only if you aren't sure you are guilty) you politely challenge the facts and establish the truth BEFORE you offer a response either way. You have the right to see ALL the evidence against you and spend 'reasonable time' considering that evidence before you enter a plea! It's called 'Equity at Arms'.
No disrespect is meant to this CZcams lawyer but, sometimes, pushing back can make a huge, positive, difference. So, don't feel scared or inadequate when it comes to legal things. You may be amazed at what you can achieve with just a little patience and a few well crafted questions. 😊👍
Hi Ian, wondering if you can help me out, what are the rules regarding the "14 days" I got flashed twice on the same night both roads were previously 30mph and I didn't realize it changed to 20mph. Tomorrow's going to be exactly 14 days and I haven't received anything, I'm a cab driver aswell
@@Finggy The 14 days argument is a bit of a tricky one. In short... the day of the alleged offense doesn't count. So, if you get a NIP (Notice of Intended Prosecution) 15 days later, it is valid. If it arrives 16 days or later, it can be challenged. However, the challenge will not be about the alleged offence, only about 'procedural failure' by the Police.
So, if the letter you have covers both times you are alleged to have been speeding but the first one is outside of the time limit (16 days +), then you can part challenge it.
Hope that is clear.
@@IanMcFerran Hi Ian, I just realized today is actually the 15th day, I will definitely challenge both of them. Thank you for your help.
Additionally, the operators are required to complete a dynamic risk assessment for the placement.....this documentation should be evidenced in the instance of a case being challenged.
Is the camera operator meant to be a police officer or can they be operated by just staff members
If only they were as efficient and successful and ken on prosecuting any other offences and crimes would be amazing
In all fairness, it's likely that 99.99% of speed limit exceeding is not ticketed
Many drivers should be liable for multiple speeding tickets each day because they routinely exceed the speed limit, but may go years without actually being caught even once
Close-passing of a cyclist should be a much higher penalty.
@@terryseerey176 has that defence ever even 1 TIME been successful in court? It's baloney
@@terryseerey176 how does that prove anything?
That's not a court
What about we just ask a real lawyer and see what he has to say? Please check Lehto's law driver's license
@@terryseerey176 source -
czcams.com/video/pgB2Cixevmc/video.html
Thanks Daniel, again I've learnt something new. The part about showing due diligence was especially interesting
Thanks for the comment and for watching!
But how on Earth do you show your due diligence? Send a photo of me looking through my "diary" scratching my head and with a confused expression? 😂😂
Awesome vid! What about actual cases and outcomes, anonymised of course
This is very pertinent to my family. My grandson on his first day at work as a trainee car salesman was taken by his Manager by taxi to pick up brand new identical cars across the city. He didn't know the city at all and had no idea of his way back to the showroom. He was also driving a brand new £60000 automatic vehicle and he'd never driven an automatic car before. He and another trainee therefore set off in tandem following the Manager in the car in front. My grandson was driving in the middle of the three cars. The trainee behind him got lost and had to use the sat nav on his phone so arrived at the showroom a bit later than my grandson and the Manager.
A couple of weeks later he was approached by the Boss of the showroom and asked what was the number plate of the brand new car he'd driven on his first day. He had no idea especially as he had driven a lot of cars since then. According to the Boss the other two drivers knew the registration numbers of their vehicles and conveniently the Boss concluded that my Grandson was driving a car that the company had received a speeding ticket for.
My Grandson being the new boy felt intimidated and didn't say anything. However, having thought about it he went back to his Boss and pointed out that he was the driving the car in the middle of the convoy yet only one car triggered the speed camera. He reasoned therefore, as he was closely following the car in front , if they weren't speeding then obviously he couldn't have been either. If he was then he'd have been the car in front.
The police have charged him with failing to name the driver of the car. Because of Covid it has been over 6 months since the offence but he's due in court in May.
Any comments, advice?
A number of jurisdictions in Canada have stopped using photo radar- people realize it is a cash cow and does nothing for safety
In the UK...totally opposite
@irigouis88 the roads are not public. This is not a republic. They are the property of the Queen. That is why she does not need a licence.
@irigouis88 rubbish, they are a public place, but not owned by the public. My drive is a public place, but not owned by the public. I can can control or withdraw your use of it. Your constitutional argument does not make this a republic.
@irigouis88 you speak of who pays not who owns as for the rest "What A Lot of SHIT YOU Do Speak!"
They are cash cows in uk too.. they hide around corners where it goes from 40 to 30 and get people slowing down.. or over the brow of a hill as people set off from traffic lights getting up speed. I bet 99% of tickets are people doing 35 which in my eyes isn't speeding.. and if people say it is speeding then I say this.. check the difference in stopping distance from a car back when the 30mph limit was introduced on a specific road and compare it to a modern car..
great public service,Sir .thanx
Unfortunately, much motoring law is of the nature that it is cheaper and simpler simply to accept the fine (i.e. plead guilty) even if you believe you have not done the crime.
I can imagine that technically pleading guilty to a crime you did not commit is a form of pervasion of justice, but I have never heard of anybody being prosecuted for this.
When will you be releasing the speed limits video? Also will you include variable speed limits on gantries etc
If you are a total criminal , like many in our country now, you will drive a car that has no connection to you as a person what so ever. In which case, you will get away with speeding completely !
Chris Huhne is a prominent example of asking someone to lie for you. I recall that he went to prison for a while.
Does that mean the present political leaders are going to prison? Because they lie like f---k to us.
About 20 years ago, I received a summons for speeding at 87mph and 2 photos showing my Golf GTi at distance (about 1/2 mile). I was beginning to overtake an HGV clearly shown in the 1st photo. In the 2nd photo I had almost completed my overtake but there was a Range Rover "right up my chuff". The first photo showed 0 mph and the 2nd one showed 87 mph and my Golf completely framed by the Range Rover behind me. I disputed the charge, after taking some legal advice from my Company's Lawyers, saying in my statement that I was doing about 70 mph and the Range Rover had come up behind me very quickly. The case was dropped.
I thought the 10%+2 rule was to ensure that there is no reasonable doubt that the person was speeding. If someone was accused of doing 1mph over the speed limit, they could claim a doubt on the speed camera accuracy as many do.
Exactly. It's not that you are legally allowed to do 10%+2, rather that the police don't bother below 10%+2 because it's more likely to get disputed and waste public purse money on no-conviction court cases.
It's as much to do with Speedo discrepancies. 10%+2 in a 30mph is 35mph, which is likely to be an indicated 38-40mph in most cars, so obviously going way over 30mph. No real excuse if you get stopped or flashed by a camera in other words.
It's also because the Police do not, contrary to some opinions, want to fine everyone for doing 35mph in a 30, and are generally happy to allow some leeway and discretion - there are unofficial limits to give a warning or a ticket. Obviously cameras are black and white and (often justifiably) hated by motorists.
If stopped at the roadside by the police there is no need for either the postal NIP , nor S172 request since the police will have effected the NIP when they hand you the ticket , and of course , they have seen who was driving and will have asked for your licence at the time . One further point : here in Scotland , we don't offer driver awareness courses : it is either cofp or court .
So, my wife got a notice but we never received the 1st, just a letter informing her that they'd not heard from her. I contacted the office and they issued a new notice but that is now over 4 weeks from the offence. Where do we stand? Does it invalidate the notice due to it being over the 14 days? Not trying to get out of it and she'll accept the fine. just curious
A few years ago a Manchester police officer claimed he left his car outside the police station unlocked with the keys in the ignition for any of his colleagues who wanted to use it. He got off the speeding conviction. As if you would, especially in a city.
😆 a regular civilian would never get away with that
@@ricochetpig No they wouldn't. Police are civilians though & subject to all the same laws as non police. Here's another one, a police superintendent, said he couldn't remember who was driving, let off.
www.dailymail.co.uk/news/article-68055/How-forgetful-policeman-let-speeding-fine.html
the biggest criminal gang in the UK = the "police",
@@paulhammersley4562 I haven't found that to be true. They're much like any organisation - a cross-section of people, some idiots, some real villains, plenty of nice and normal people trying their best and acting in good conscience. To see the entire force as immoral, base and corrupt is to wilfully ignore a large portion of the available evidence.
@@1starshot no date is this a new story?
A local business owner got caught speeding, he asked his business partner to take he points which he did.
A disgruntled employee later shopped them for it a year or two later.
The two of them went to prison for 8 weeks.
Seems a bit crazy when you see the sort of things people get community service for etc.
yes, you can kill people and get away with it, but lie to the law and they will have you !
A broken system and we're the tax slave class. Just look at what politicians get away with.
the speeding is a civil matter lying is perverting the course of justice a criminal matter chuck the notice in the bin... end off.
@@martinsewell2015 Surely that’s only if you accept a fixed penalty notice?
@@chrisb4009 no court case will take place without the crown being certain of the correct person being held responsible hence ejits who fill out others details on the request to contract get a visit with the crown court judge as perverting the course of justice is a very seriouse matter and not one the lower courts deal with where as if the notice is in the bin they are not certain who was the person driving the car as any body can be insured to drive any car and thats the reality of the request to contract....
I’m back in the Uk after 23 years in the usa.
What a change here now need to drive at least 5 under limit now to avoid all the pesky signs, speed changes and random cameras. Keep at least 5 to 10 vehicles lined behind me at all times. Watch out for the risky overtakes it’s a whole new world. Oh and the trains are still terrible along with the weather.
Well do everyone including yourself a favour and go back to the USA, bye bye, we wont miss you!
Might agree about roads, but I remember just as many confusing signs in the US, but our mainline trains are way above Amtrack and the like.
Would I be right in saying that if they send a NIP out after 14 days it is not valid ? Also that you have 28 days to respond and you could send for photo/video evidence of the offence and they are obliged to send it ?
The 14 days and not being valid thing is spot on, not 100% sure about the request for evidence but it does ring a bell.
In Australia we had a former Federal Court Judge go to prison for perverting the course of justice and nominating someone else as the driver for camera detected speeding.
As I recall he was only caught accidentally because one of the persons he nominated was an American ... who had died the week before the incident.
omg. What an idiot. That is such a basic road safety law. Sounds quite funny though. That has made my day. PS. Thanks for being an athiest.
For any doubters this is a very true story.
You should examine the NIP in relation to Saunders vs UK, 1997, where the European Court ruled that in the case of a criminal charge no individual is liable to give evidence that may be self-incriminating. Conversely, it would be a requirement for the police to 'prove' guilt since the Court is obliged to assume innocence until guilt is conformed by evidence. This would be the case ever since speeding and other road-user offences was moved from being an offence to a crime. In countries like Switzerland, for instance, where they take individual rights seriously, road cameras take two rapid shots. One of the car registration and the other of the driver. This is considered minimum conclusive evidence against which to level a driving charge and fine.
Correct. Never give any evidence against yourself ... that is the accusing parties' job ...
Same in Germany where I once lived. No court appearance, no argueing ... just the letter in the post with the exact time, a very sharp photo of the number plate and the very sharp portrait of the driver which cannot be denied. Pay the fine and go about your business again, but more cautiously.
Again another informative video, I know a few "Barrack Room Layers" that should watch this video after listening to some of the rubbish they came out with. I would also ask when you said that people have not updated their address with DVLA and did not receive the letters and got points and convicted without knowing would you not also get nailed for not making sure that your details with DVLA are up to date? Thanks again
Great video again 👍and I didn't know about the statutory declaration for when you're convicted by absence.
Question. Stop at a red light with camera. Motorcycle police officer says go through( to allow a convoy through) camera flashes. What happens?
Ive heard people getting points for going past the line to allow ambulances through.
Hello Do you legal have to inform your insurance company if you take a speed awareness course. Thanks
I got an Intention to Prosecute letter from the Lancashire Police and was just about to pay up when my wife pointed out that I and my car were at a job interview in Surrey at the time. I pointed that out to the Police and they decided not proceed. Speed cameras do sometimes misread registration numbers so it is worth checking that it really was your car there at the time.
Or your plate has been cloned 🤔
@@NoBody-gf8ie yes
I was caught speeding and returned the 1st letter asking who was speeding. I then moved and updated my address but the following letter went to my old address. I ended up with 6 points and a £260 fine because they only go by the original address from when the case was opened. Every time they sent a letter, they didn’t check my address. How is that fair?
I got Gatsoed - you can look up the best grossing Gatsos (33 in a 30, straight after a 60/40) ... it's a tax on unwary normal drivers... most of us small businesses who didn't need the speed awareness test.
just a side note the 10% + 2 on speeding, it is mainly used by forces as their cameras are accurate to within -2 to +2mph and most speedometers are accurate to about 10% depending on age.
Urban myth ... there's no "10%+2" rule ... even 1mph over the limit *can* get you a ticket.
@@phillwainewright4221
Found this article which says it isn’t an urban myth:
www.manchestereveningnews.co.uk/news/uk-news/inside-mobile-speed-camera-van-17232150
@@VicFlange QUOTE - You will not get a ticket as long as your speed does not exceed the limit by 10 per cent, plus one mile per hour on North Wales roads. - UNQUOTE. That's North Wales, not the rest of the UK. Each Police Force has it's own rules, but "10% +2mph" is NOT the law.
What happens if the NIP is sent out 60 days after the alleged offence?
What happens if you snapped by a hidden van, asked to pull over, there is no deniability as to who was driving as you talk to the officer & only 1 registered driver on the insurance....they say you will receive a letter but months & months go by with no letter, no NOP....what is the process in finding out if prosecution has been judged upon? Is there a register or court record to search?
I had the police call at my house to say that I had been caught on CCTV at a hospital, in a hit and run on a parked vehicle. Since I was teaching in a classroom 10 miles away, at the time and my car was parked in the staff car park, at work and didn't have a scratch on it, I said that I found that hard to believe.
So, unless someone from work had popped into my locker, took my car keys; gone to the hospital, crashed into a car and managed to get the damage mended in a body-shop before they returned the car to the exact same position and my keys to my locker, I had no idea how that could have occurred.
They were really nice about it, to tell you the truth; we had a cup of tea and a chat about 'ringers'.
Sounds like someone cloned your car
@@namugriff Yep. They probably cloned another car, shortly after the accident.
cloned. Happened to my colleague and she had to get a letter from her workplace to prove she wasn't driving
My car recently went in for its MOT test, and it's been at the garage ever since. My company informs me that my vehicle was caught speeding in Fulham around the17th February, during which time it was most definitely in the care of the garage. We've tried numerous times to ascertain who was driving the vehicle but, so far, no satisfactory answer has been forthcoming, and so I and the car are in limbo.
Well you’ve done your due diligence to find out who it was that’s completely fine
An absolutely unique channel, as always totally edifying. I would be interested in your professional insight into road traffic offenses committed in the EU and their validity in the UK court system, not just speeding fines but parking tickets, traffic light offences ect! To my detriment I have found Italy especially seems to use their roads as a money making venture! and has the law changed post brexit?
I cannot comment on police enforcement but as a manual road safety volunteer who assists the police, we have to report speeders with foreign numberplates, and they will get letters from the police. We never used to do this, but we have done since about 2 years ago.
When I worked in this area, police would rarely pursue a road traffic offence involving a foreign registered vehicle when the driver was not stopped by police at the time of the alleged offence. However, I know of a situation where someone had hired car in a foreign country. The hire company was issued with a speeding ticket directly and the hire company then proceeded to deduct the fine from the hirers credit card.
Using Google maps you get a speed camera warning for fixed and mobile units, I dont speed myself but have noticed G Maps does show them all.
Is it also not an offence to have failed to notify dvla of a change of address?
Can I ask what happens in regards to the emergency services if they are caught speeding. I understand that for the most part those paramedics/police need to abide the speed limit but surely there is justifiable cause at certain times to break the speed limit. If they are caught are they prosecuted? Or is it reviewed on an individual case basis
They are prosecuted if they are caught speeding but if there is an emergency they are responding to. All of the details will be logged so it will get overturned if they were responding to an emergency
I would be interested to know what actually makes a speed limit legal? There was a news item yesterday about a village where someone keeps changing the 30mph sign for a national speed limit sign. Is it just the sign that sets the limit or is there an underlying bylaw or statute that legally sets the limit. Some of them seem to be arbitrary. (Love the chanel)
I believe that local Councils can set the speed limit for roads in their area. Any change is notified by a notice affixed to a nearby lamp post or communicated through a local bulletin or newsletter. Where I live, there was a temporary change to 20mph through the village (I seem to be the only person who keeps to it!) - it was implemented so pedestrians on the narrow footpaths could walk in the road to keep socially distanced during Covid restrictions. They said last year that they were going to apply to make it permanent.
Where's the footage at 0:45 from? Clearly not the UK, from the road signs and road markings, but driving on the left (right lane but it's a dual carriageway). Australia? New Zealand?
I got caught 5 mph over the limit by one of the north wales arrive alive vans. I took the speeding awareness course so I have no points. I dispute the over speed but what can you do. The course was well worth taking, do I still speed, never intentionally.
the limit has to be set somewhere think it is 10% + 3 mph but at the discretion of rhe officer
@@onetech3984 being a road safety volunteer support by police we have to record vehicles driving 35mph in a 30mph zone and 46mph in a 40mph zone. We recorded 500 speeders in our village
@@onetech3984 The ACPO guideline is 10% + 2mph for the threshold , most forces work around this level , but speeding remains an absolute offence and even 1mph over the limit ‘could’ be prosecuted .
Parts of Wales are known to have a zero tolerance approach , as does the former Dumfries & Galloway district of Police Scotland , with the southern end of the M74 , and the entire length of the A75 being strictly enforced .
Also be aware , we do not offer speed awareness courses here in Scotland : all offences are dealt with either by conditional offer of fixed penalty or by court , depending on severity of the offence .
@@beaulieuonnp593 well done 👏
How accurate are speed cameras?
What is their uncertainty of measurement?
How often are they calibrated?
Are they traceable to National Standards?
What is the accuracy of a car speedo?
I mention this because every technical measuring device has a level of accuracy and uncertainty, as defined within its specification. ( As example a speedo might have an uncertainty of measurement of plus or minus 5% of its full scale, that might be 120mph. Thus the speed at 30 mph could be in the margin of +/- 6mph.
I doubt these factors are never taken into account with speed fines?
Hi I was curious, do you receive a NIP before a sjpn ? Or is a sjpn the first you hear about getting done for speeding ?
NIP is the first you'll hear about it.... Got one five days ago that I'm not looking forward too =(
I can't spot the mobile communication device video you mention, in your past videos? Do you recall the title?
I watched videos on mobile speed cameras before from a solicitor on CZcams and he said the mobile speed cameras need to be calibrated every so often.. and you can ask for the certificate to be provided just incase it wasn't calibrated at the time of the alleged speeding..... I tried this defence and the reply I got was "let's just assume everything was in order with the camera"
I thought "let's just assume I wasn't speeding then"
They only have to be calibrated yearly
I had a letter 18 months ago by a civilian in police camera van they said the driver was doing 66mph in a 50mph zone, where it asked for the name and address of the driver I just wrote-before we can proceed with this matter. As director and beneficiary of my legal person/corporation you have 21 days to respond in writing, and provide proof of claim with evidence, that you have legal and lawful authority as my public servent, to bother me at all. They wrote back to me with one photo of the vehicle and said that's all they had. That was the last i heard from them.
Of course it was!
@@24694104 copper.
😂
Thsnksy!
is 172 valid if the "register keeper" did not buy a car yet a mistake has possibly occured and someone has put a car in their name. are they bound to notify if they've never owned the car?. the box with i am not the keeper was ticked and theyve responded with the same NIP as they first one. can any laws be used against somebody who hasnt registered a car yet reveives any types of tickets
I have been caught by a parked police car. They gave me a traffic offence report but I'm unsure on how long they have to give me a notice of intended prosecution
The joys of registering your vehicle to the dvla and agreeing to their terms and conditions for using your vehicle.
@irigouis88 if you see it as a privilege thats your view. But it does not change the fact its not how it works. Thats like saying if you believe a lie is it truthful.
The highways are not publicly owned either.
Your allowed to use them by way of your licence, you must obey their rules and regulations or face its penalties. Thats your choice todo all of that.
I choose not to follow your choices as I dont like being tricked or fooled into buying goods or a service.
We all have the rite to travel, some people pay a price for that because they need help and guidance in case something should happen to them while travelling.
I'm fine with being able to look after myself and manage my own personal conveyance because I've paid for it in full. Why would you give ownership of something to another person. Thats silly.
Unless you hold the original title of manufacture and return your dvla registration plates then you do not legally own that vehicle.
Again just because you believe you do, does not make it a fact.
How can a person prove they legally own a vehicle ?
@irigouis88 what is the legal definition of " licence "
Sorry to say but your road tax does not go into building or maintenance or the road network. Thats what you have been led to believe but its a lie.
I dont need permission from any person or group todo anything, some people need guidance so they are welcome to joining that club.
As I have personally paid for my own transport I do not wish to give a government ownership of that so in return they give me a privilege.
Unless you hold the original title of manufacture that you car was sold with from the factory then legally you don't own it.
@irigouis88 forgot to add, yes people stick to driving rules, not law.
Its not called road traffic law 👍
@@oldgolfpunk Rubbish !
Firstly , when you sign your driving licence you agree to the Road Traffic Act .
Of course we own our vehicles - that is proven by the receipts we get when we purchase them ; nothing at all to do with registration which is a separate matter entirely . My cars are all paid for in full and i have good title to all of them ; whether they are registered in this country or overseas .
A rite is a religious or other ceremony which is enacted by the followers ; methinks you were trying to write right . These are three entirely different words which sound exactly the same , each with their own distinct meaning .
@@derekheeps1244 your receipt proves you bought the vehicle, it is not proof of ownership 👍
Would you like to have another think about it...
Legally a receipt is proof of purchase not ownership. You need the original title of manufacture to prove ownership.
Think about it some more 👍
I got banned for failing to disclose who was driving ... twice.
Turns out I forgot to thell my lease company that I had moved.
My driving licence had the correct address but they didn't use that address. I got 6 points twice.
I'm going to court on Monday to make a statutory declaration.
I had no idea that I had been banned for over a month.
If I were ever summoned to any court for a speeding offence would I have to go to the UK country in which the offence occurred? From Scotland to England, Wales to Northern Ireland?
Hi my car was caught on camera speeding. I honestly don’t know who was driving. It was local but not a place anyone insured to drive my car has any reason to be. I thought maybe I had been cloned. Do I just have to take it on the chin? Should I plead this in court?
When your sent NIP its not sent registered post so they have no proof it was sent how can they give you a time limit to reply!!!
hi great channel what if it's over 14 days of the offence when you receive letter from the police
OMG this is all pathetic. How can someone be sent to prison for not hurting somebody.
I got a ticket for doing 90mph on the motorway coming from Glasgow in a car that couldn't even do 90mph, i seen the police with the hand held gun as approached lift it up single arm and pointed i checked my speed as you do and was just under 70.
I took it to court after finding out what type of hand held gun the officer was using as part of my defence, i represented my self and had printed the guidelines for the use of the gun and it clearly stated that to get an accurate reading it must be held steady in one hand whilst being held steady on a flat surface of other arm and must be operated by someone who has undergone training to firearm standard as it has to be pointed at a flat surface of the car. I printed all the data off along with my car manufacturers data regarding its max speed and took it to court with me.
On the day of court i was allowed to ask if any of the officers had firearms training the judge asked and they said it was not required, i handed the clerk the who handed to the judge the part from the manufacturers guidelines showing it was a requirement. I also pointed out that the use of both hand and arm are required to operate the hand held gun cop said no it doesnt matter, again i handed that to the clerk who passed up to the judge, a also asked the officers if they could recall the distance from the bridge to the target point on the road again they said its irrelevant i said no its required in order to get an accurate reading.... at that point the judge stopped me and admonished didnt need to start going over my cars data but i will say the two cops were fuming and the judge said to them this should never have ot as far as the court, i had tried corresponding about it to through the PFs office but didnt get anywhere.... it was a few years ago now but i knew i wasnt speeding 100%....
Many years ago I was caught speeding. A penalty notice was apparently issued to me but i never received it. I learned of the speeding offence some 6 months after the offence when I received a larger fine and it went to court. Sorry I don’t quite remember the exact details but I know I ended up forking out £600. I subsequently found out our local postman had been sacked at after it was discovered he was not delivering letters, but disposing of them. It seems likely that my first notice was disposed of by the sacked postman hence me not receiving the first notice. Since then I believe penalty notices should be sent be recorded delivery.
what happens when it wasn't your car. eg someone had cloned your number plates . is it then down to yourself to prove that it was not your car or do they have to prove it ? because if you hadnt used your car for 2 weeks and there is no proof that your car had stayed in the garage ? what then. my friend had this problem he even had cctv from his works car park as he clocked in and out. but they said "this didn't stop someone else removing the car from said car park".
Good morning what u think if I got 2 speed offences within 2 hours in the same day and I was the driver. I decided to pay the fix penalty do I have to pay for both £200 and get 6 points or just £100 and 3 points. Thank you
How many motorists have been overtaken by a police car on the motorway way over the speed limit with no blue lights/siren on ?
There’s not always a need to have blue lights on when on an Immediate response. If they needed to catch up to a vehicle ahead they wanted to check or read the registration etc …
Would I be right in saying that a speed camera which is on a bridge over a road could not safely secure a prosecution if one was caught speeding because of the motion to distance effect similar to a doppler effect? The Lancs police usually park up on a bridge on a particular road and have the side of the van open pointing to the road but I think this is more for deterrence rather than a speed trap. I'm asking because they do it quite often.
No, nothing to do with 'doppler' that is only related to radar. You refer to the cosine effect which is always in your favour - so no opportunity of a defence.
How would it go in the case of a company pool vehicle, say everyone uses it to go fetch lunch etc. The vehicle makes the same errand several times in the period & no member of staff put's their hands up ?
The NIP goes to the company secretary or transport manager who has the responsibility to have sufficient processes in place to identify a driver.
@@pauldavison7105 Spot on.
Very common claim by small companies. Failing to nominate summons for the company secretary is the likely outcome.
I got caught on a traffic light camera but the signal was Green but instead done me for my speed of 37 mph so traffic light camera can do speed as well is this right
Whats the deal with community speed traps ie, there are a group of usually retired ( the bored ) who spend there free time doing this, will you get a fine and points or is it just a warning shot ?
You do know why they do it, don't you? Nobody likes antisocial behaviour.
If they catch and report you 3 times to the police, the police will notify the dvla and you might get a letter saying please slow down.
They're not law enforcement so they can't do anything more than advise you to not speed. But, hey, how about not speeding?
How about when the notices don't arrive due to royal mail's infamous service... no signature means no proof of delivery. If you then get summonsed for failure to provide and your over 6 months they can't do you for either offence for lack of evidence ...
Just need to prove it was sent. Not received.
The road (a dual carriageway) i take for my daily commute, a mile from my workplace, recently had the speed limit reduced from 40mph to 30mph. The very day this change was actioned, i was recorded travelling at 37 mph & the following day, travelling in the opposite direction, recorded travelling at 41 mph. I took it on the chin, paid te fines but over 6 months later, the pints had not appeared on my license check. A few days later, i received an email stating that my claim for a refund had been processed & the fines i had paid were credited to my bank account. No mention of why & i had not disputed the action. Another incident involved a camera van being parked part way on the pavement, part way on the grass verge, blocking a bus stop, a post box & coinciding with school chldren walking home & having to move off the pavement to avoid the van. I was informed in a complaint that i made that the local authority designate the placement of these vehicles. I requested the statistics for incidents on the road that indicated a speed van placement, particularly relating to speeding.....as you may guess, i was redirected, misdirected & ignored.......Policy states that speed van placement is not motivated by revenue collection but by statistical data highlighting speeding related incidents.......shameful lies. Also, the vehicles (marked as "police") do not require an mot despite the fact that they are driven & operated by civilians.
Any ideas what would be the outcome of 58mph in a 30? First conviction. 1 half years of driving. Pleaded guilty and they have given me a chance to go to court.
You may well be looking at a ban - get a barrister!
@@Conr3der I got a 2 week driving disqualification. License was kept, thankfully and a £320 fine. So a great outcome 😁
What if your riding a Motorcycle which doesn't have a number plate on the front? As all motorbikes don't have now
I've been wondering that for some time now... Is it discrimination?
Can a member of the public use their i phone and send it in to police to be used as eveidence ?
I’d of thought this type of recording wouldn’t have any calibrations etc so how can they prove the speed of the car ?
Thanks
What happens when you never received ANY letters whatsoever and are found guilty in court in your absence, submit a statuary declaration to that effect - and the courts accept and dismiss the speeding fine, but still find you guilty of not responding to the letter requiring your details, that was never received and get banned for that, a much higher penalty than the speeding penalty?
If the court accepts your SD, its unlikely you'll be convicted of failing to respond.
@@BlackBeltBarrister I thought the same, in reality, I was convicted and banned for 6 months plus huge fine - I'm at a loss as to what to do. Court ignored all subsequent letters.
I was suggested in a Facebook meme that you have the right not to provide evidence that might incriminate yourself though this has never been tested in court for a speeding offence. I imagine it's very difficult to argue that you have the right not to say who was driving because it would have incriminated yourself.
It's specifically addressed by UK law, so not a defence tactic that would work.
Hello, I have a uk driving licence, I was recently caught speeding in NI, the form says that I can participate in a speed awareness course if I have a driving licence issued by DVLNI, does this mean I won't be able to participate and must I pay for the fine?
I received a NIP as a result of a speeding on a section of road subject to a local traffic order. The normal speed limit is 60mph. I did not see the temporary signage ( 40mph) until I close to the doors trap. I want to to contest the signage but I went back the place and temporary restriction has been received so I confirm if I’m right or not. What can I do?
What did u do
How accurate are speed cameras?
What is their uncertainty of measurement?
How often are they calibrated?
Are they traceable to National Standards?
What is the accuracy of a car speedo?
I mention this because every technical measuring device has a level of accuracy and uncertainty, as defined within its specification. ( As example a speedo might have an uncertainty of measurement of plus or minus 5% of its full scale, that might be 120mph. Thus the speed at 30 mph could be in the margin of +/- 6mph.
I doubt these factors are never taken into account with speed fines?
Hey. I was just wondering if you could make a video if you get the chance. I'm sure you get many messages amd are busy answering other people's questions. But I was wondering if there is a reason you can give to the police for "speeding". I'm only asking this because today in my local area somebody in a black truck chucked a 1 year old dog the window at 60mph 😭.
The driver behind grabbed the dog and rushed it to the nearest vet but unfortunately later died. So would it be possible in these situations you would be waved a speeding ticket under these situations?
I understand it is not an excuse to do this to drive a person to a hospital in a rush as there is emergency services like ambulances for that. But ambulances don't come to collect dogs.
If the good up standing citizen today that took the dog and rushed it to a vet with life threatening injurys, if he was caught speeding. Would he be prosecuted in this situation.
Thank you.
You can call the number on the NIP and explain the situation and they can use their discretion.
I do have one question, is it legal for police to hide behind hedges with a speed gun? Then to suddenly jump out and flag you down?
Is it legal for police to hide in a hedge and jump out and arrest a person as they attempt to steal your car?
Break the law and expect to be prosecuted. Who are you to decide which laws should be prosecuted?
Its been over 2 weeks and i still havnt recieves a nip notice almost certain i hit 2 speed cameras on that day..... saying these nip notices have to arrive with 2 weeks if this true
Yes - nowt to worry about.
1/ You may have been travelling over the speed limit but under the threshold they were using on that day.
2/ Cameras will often still flash even if not actually enforcing, so as to get people letterbox-watching (as you have been) for a couple of weeks and remain mindful to slow down.
Speeding it's not always so clear, especially at night. My friend was caught speeding by a camera, her defense was it was not her car. Because of the lighting they could not get the colour of the vehicle. She claimed the plate was cloaned, in the end the police gave in and the fine was dropped.
It's ridiculous that this is a defence. Exactly the same argument applies to a daylight photograph where the colour is known -- "Yes, you have a photograph of white Ford Focus AB12CDE speeding but somebody cloned my number plate and put it on another white Ford Focus." It's not like the colours of cars are distinctive or unique, in most cases. "Your photo is of a white car but mine is black" is a defence, but "You can't tell me the colour of the car" is meaningless.
@@beeble2003 It may be, but it created enough doubt to drop it. They could not prove it was her car, they could only prove the number plate.
@@JoannaHammond Yep, not disputing what you’re saying. Just that knowing the colour also doesn’t prove it’s any specific car, so it’s unclear why this defence doesn’t apply to all speed camera cases.
@@beeble2003 Oh I agree, personally I thought she was guilty. But I really couldn't 100% say it was her car from the speedcamera photo. If I had to be honest, under oath, etc. I'd say around 60-70% sure, the photo was not great, you'd swear the car in the picture was black due to lighting, her's was green. Also it was out of focus. So not a great a picture. The clearest part was the number plate.
@@JoannaHammond Fair enough. In any case, always better to err on the side of freeing the guilty than punishing the innocent.
Can dashcam footage be used as evidence that a vehicle is speeding? Eg known distance between two points divided by the time it takes the vehicle to do it gives you an average speed.
Or you could just go apply to work for the police least you'll get paid
Is it acceptable for a police officers professional opinion that you were speeding? Or do they need hard evidence? ie equipment like cameras etc ..
In the UK evidence is required
So my mate who is on provisional license and was doing 42 or 43 in a 40 and he wants to know what will happen as he did pass a police car with a white camera on the roof
Can you Donnie about bus lane driving..I got caught driving about 30yds before turning left
How can they prove you were speeding when the calibration of a vehicles speedometer is not part of the MOT and therefore an unreliable reading of speed? For instance, if my speedometer is reading 70 MPH and a speed camera shows I’m travelling at 80 MPH an I still in the wrong? When I asked the police this they responded that it is my responsibility to check the calibration of my speedometer… would Joe average be able to check this, and I would guess that adjusting the calibration is beyond all but the most proficient mechanics.
that's an interesting point
Car speedos under read anyway!
I remember a police tv program where they were in a layby checking speeds and one copper said they were not there to catch anyone doing 80mph on the motorway, they were there to catch people being excessive (i.e. 80mph +). Also, there was an advert on the radio not so long ago where it said "it's like doing 80 on the motorway, everyone does it". Would something like that be a defense in court?
check your speedo with a gps . you may find that when your speedo says 80mph you are doing 73 mph or less . I know my car is doing 60mph when the speedo says 65mph so as long you are close the speed you should never get done
@@Tainted-Soul I get that mate. Generally, the speedo on your car over-reads by about 3mph. I've tested it many times. My question is, if you get stopped for doing 80mph on a motorway, would using the examples I've given be accepted in court as a defense? If not, then why are the police and radio ads making out it is the norm, when in actual fact, it is still breaking the law?
@@mrade5321 I wouldn't think so. following everyone else isn't an excuse.
@@Tainted-Soul I totally agree, but why is it allowed to be promoted otherwise? If I said I don't condone violence, but if you want to beat the shit out someone like the average person does, my feet wouldn't touch the ground.
No
Received NIP. Alleged 38 in 30. Radar gun. Bud stop. No car or signage. The radar gun evidence states “manual: rear plate” however, the photo is oncoming, thus, front plate. I don’t believe I was speeding. Is this evidence to contest?
A few things I think are important to highlight that I don’t think you touched on (or at least in much detail) in the video:
1. If you receive a speeding letter after 14 days from the date of the alleged offence, then challenge it. As stated in the Road Traffic Offenders Act 1988 there is a 14-day time frame for fines to be received.
2. For the love of God, CHECK THE TIME AND DATE on any speed camera image(s). If it is wrong or does not align with the alleged date of offence stated on the letter, challenge it.
3. Don’t assume you are entitled to speed awareness courses, you aren’t. They are solely given at the discretion of the court. Some local police forces do not even offer them at all, so be aware of that.
Is that 14 working days that do not include weekends
@@andybb 14 days _including_ weekends 🙂
@@dWFnZWVr thank you
@@dWFnZWVr not if it’s a lease car or rental car
And as we all know it is principally a revenue generating exercise. I saw one a few years ago on a dual carriageway on a bright sunny Sunday morning, about 1 car every 5 mins, what kind of road safety justification was that?
that is your opinion : those of us who deal with road crashes and have to scrape body parts up off the tarmac have a different opinion . When you have dealt with as many badly mutilated bodies as i have then you can proffer another opinion .
@@derekheeps1244 Sounds to me like you are the worst type of "officious" copper, I do not need your permission to offer an opinion. For your information I have done the Class One course and a 3 month medic course at Hereford amoung other things.
Can you challange/demand to see evidence of recent calibration certificates on speed cameras or guns?
Is it easy to do, or worth it?
@@TheGenxtreme There are numerous types of camera. GATSO is just one type.
@@TheGenxtreme And I appreciate that.👍
just chuck any notification sent through the post for speeding in the bin... end off
@@martinsewell2015 bad advice.
@@martinsewell2015 and I think you meant “end *of”.
Anybody know if it's any form of offence to decline to complete a court 'statement of means' form? I worked at a magistrates' court for a year and did a lot of admin related to traffic cases. I observed that the majority of the time, the people who completed the form about their finances received larger fines than those who didn't. Presumably this was because the court would make set the amount of fine as a percentage of earnings and in the absence of any information about a person's finances, they'd set it at the low default. Anyhow, Surrey police are now prosecuting me for doing 63 on a 50 stretch of the M25, which is fair enough on their account but I'd prefer not to make my fine bigger than it has to be.
Simply keep to the speed limit. Today cars have limiters fitted so easy to use
Today, the breaking distance of a vehicle is a fraction of what it used to be. Today’s speed limits ignore that fact, too much revenue is raised that way.
You can't set a limit for every different speed limit there is to match the road. Not thought this one through
@@MrJimtimslim you never used speed limiter then. You get to the speed limit then hit the button on your steering wheel
@@chazM6116 oh I see, but that's not fool proof is it. Say you forget. Easy to go over. So every time you go into a different speed zone you press a button?....jeez bet you're fun at parties
@@MrJimtimslim you reply says more about yourself then anything
@BlackBeltBarrister . Anyone know the usual time to get a NIP? I know it says that it will arrive within 14 days or it's excusable but isn't the process all automated now? Does it only take a few days for it to go from camera to letterbox?
usually a few days but sometimes known on the final day!
I got one five days ago =(....was only two days after I got caught.
it is most often much sooner than 14 days .