Defending a charge of speeding

The bottom line is that many may get off with breaking the LAW when they have been caught.

If you think that is the right thing to do then go ahead…

Why should truckers be a ‘special case’ ?

ROG:
Why should truckers be a ‘special case’ ?

We aren’t.

We are required to follow the rules.

The Police are required to follow the rules.

And that is what this is all about.

Harry Monk:
We are required to follow the rules.

What do the rules say about speeding ?

Harry Monk:
We aren’t.

We are required to follow the rules.

The Police are required to follow the rules.

And that is what this is all about.

But ACPO guidelines are NOT rules, they are exactly what they say they are…guidelines! They are not law nor is any Police force required to follow them! Apart from that I can’t see anywhere in the Acpo guidelines anything that requires vehicle make &/or colour needind to be identified before prosecution… it’s bullpoo!

The prosecution process
Most UK speeding offences are now detected by mobile
or fixed speed cameras, all of which rely on some sort of
photographic evidence for a conviction. The Department
for Transport (DfT) provides guidelines on their use (see
Box 2). Once a speeding motorist has activated the
detection equipment, a photograph is taken which allows
the number plate and (in some cases) the driver of the
vehicle to be identified. The number plate is used to
identify the registered keeper of the vehicle.

Taken from here parliament.uk/documents/upload/POSTpn218.pdf

If anyone believes this fairy story then god help you!

ROG:

Harry Monk:
We are required to follow the rules.

What do the rules say about speeding ?

We shouldn’t do it Sir.

We’re very sorry Sir.

We won’t do it again Sir, :wink:

Meanwhile, I’m hoping to be able to post the correspondence this weekend, Thames Valley Police permitting.

ROG:
If you think that is the right thing to do then go ahead…

Cheers for that endorsement (if you’ll pardon the pun :wink: )

euromat:

Rob K:

Mr. Holier-than-thou aka ROG:
a lot of blah

YAWN

:unamused:

wow rob k?!!

i know and suddenly I’m smiling again. :laughing:

Ben9:
‘… Why should the Police get away with breaking their rules …’

The Devil’s Advocate suggests that maybe ‘…their rules…’ were legislated by inept New Labour; tainted by a poor scoping study; overly Euro-centric & done on the cheap without lateral thought as the nation’s leaders busy themselves with Afghanistan, the Gaza Strip & coffee shops of Brussels. Those priorities seem to over-rule the realities of what’s needed in Britain’s back yard.

Meanwhile, please don’t get me wrong as I’m waiting to attend a ‘Speed Awareness’ course 100 miles away for my first ticket on a 32 yr full licence. How I got that option surprised me (whilst ‘offending’ by doing 36 in a 30__*__ in an artic) but I’ve swallowed my pride & await the Powerpoint sermon & reckon £60, a rest day with no pay in Suffolk but with no points isn’t unfair. (Though I’m tempted to grap some other poor saps after the ‘course’, get shedded on Abbot Ale & get home wrecked to sod em all. It’ll be alright cos the bird will drive me home - bless her - we’re making a day of it).

* The speed limiter that I’d set to 30 upon entering the village (& was using for the first time on that unit on that day) was kaput and had jumped out - allowing me to floor it with a correctly geared 380 bhp. So, there I was flogging uphill through a mobile camera without effectively being limited. Basics, I know - yet to my shame I didn’t snag the defect on return to the yard, which, as I see it, is the failure in my defence…

Happy Keith:
* The speed limiter that I’d set to 30 upon entering the village (& was using for the first time on that unit on that day) was kaput and had jumped out - allowing me to floor it with a correctly geared 380 bhp. So, there I was flogging uphill through a mobile camera without effectively being limited. Basics, I know - yet to my shame I didn’t snag the defect on return to the yard, which, as I see it, is the failure in my defence…

Wouldn’t be a defence anyway.

The Speed awareness thing isn’t that bad and when I went I got a chance to explain to some car drivers just why we drive at 40mph, and why we need lots of road to go round corners. The general ignorance may (or may not) astound you.

Happy Keith:

Ben9:
‘… Why should the Police get away with breaking their rules …’

The Devil’s Advocate suggests that maybe ‘…their rules…’ were legislated by inept New Labour; tainted by a poor scoping study; overly Euro-centric & done on the cheap without lateral thought as the nation’s leaders busy themselves with Afghanistan, the Gaza Strip & coffee shops of Brussels. Those priorities seem to over-rule the realities of what’s needed in Britain’s back yard.

Meanwhile, please don’t get me wrong as I’m waiting to attend a ‘Speed Awareness’ course 100 miles away for my first ticket on a 32 yr full licence. How I got that option surprised me (whilst ‘offending’ by doing 36 in a 30__*__ in an artic) but I’ve swallowed my pride & await the Powerpoint sermon & reckon £60, a rest day with no pay in Suffolk but with no points isn’t unfair. (Though I’m tempted to grap some other poor saps after the ‘course’, get shedded on Abbot Ale & get home wrecked to sod em all. It’ll be alright cos the bird will drive me home - bless her - we’re making a day of it).

* The speed limiter that I’d set to 30 upon entering the village (& was using for the first time on that unit on that day) was kaput and had jumped out - allowing me to floor it with a correctly geared 380 bhp. So, there I was flogging uphill through a mobile camera without effectively being limited. Basics, I know - yet to my shame I didn’t snag the defect on return to the yard, which, as I see it, is the failure in my defence…

So will that ‘speed awareness’ course teach you to forget all about the electric gizmos and drive the thing yourself?.Which would mean putting it in the right gear for the speed you want it to run at and in which case you would have been running up that hill with the revs at between max torque and max power but with the speed at the 30 mph limit or below.I doubt it because the average government appointed speed commissar won’t have a clue when it comes to driving anything let alone a truck.He’ll probably just say something like speed kills blah blah blah and next time that you want to drive that 380 bhp wagon on his patch just make sure that the gizmo works so that you can leave it in whatever gear you like with your foot to the floor on the accelerator. :unamused: :laughing:

ROG:
Is it morally right to find a loophole in order to get out of a speeding charge when the driver has been speeding ?

Is it morally right to fire high explosive warheads into villages? Is it morally right to send 18 year olds halfway around the world to die in someone elses war? Is it morally right to unofficially allow the production of anti personnel mines which are outlawed under The Geneva Convention? Is it morally right to bail out financial institutions whilst allowing children to die because available medical treatment is deemed to expensive? Is it morally right to offer treatment to heroin addicts whilst penalising motorists for a lapse in concentration?

I could go on citing example after bloody example but you get my drift. thought I’d logged on to Trucknet not www.imsobleedingwhiterthenwhite.git

Harry Monk:
If you are currently facing prosecution on a charge of speeding where the camera involved was a GATSO (i.e a rear-facing camera), I am going to be posting an article which explains how you can have the Notice of Intended Prosecution withdrawn just by writing one letter.

I expect to be posting this within the next fortnight with a template of the letter you need to write.

Although I do not habitually speed, I have used this letter before, with a 100% success rate. I anticipate the same result this time and am just awaiting Thames Valley Police’s letter, which I expect to receive soon. This is an entirely legal defence which is only available to the drivers of heavy goods vehicles. Then I will scan and post the correspondence.

If you have received a NIP, don’t send it back yet. If you have been fined and received penalty points, it is possible that you could have them removed and get your money back exploiting the same loophole- a loophole so large that you could drive an articulated lorry through it.

Watch this space! :wink:

Nice one Harry, pity I posted off my licence+remittance just the other day. I’ll certainly ‘watch this space though’, good luck with your’s btw

ROG:
Is it morally right to find a loophole in order to get out of a speeding charge when the driver has been speeding ?

Abso-[zb]ing-lutely.

Loopholes exist because the law makers have failed to do their job thoroughly.The have failed to examine all potential eventualities and as a consequence , if your personal circumstances mean that you have not broken the law , then so be it.You can’t have laws based on "Oh that’s what we meant to say " The law doesn’t work retrospectively,nor should it.And as for morality,get over it.

Deathstar:
Loopholes exist because the law makers have failed to do their job thoroughly.The have failed to examine all potential eventualities and as a consequence , if your personal circumstances mean that you have not broken the law , then so be it.You can’t have laws based on "Oh that’s what we meant to say " The law doesn’t work retrospectively,nor should it.And as for morality,get over it.

Sadly for Harry I think that the ‘law makers’ have done their job more than thoroughly in the case of camera prosecutions.The number plate seems more than enough to convict any driver who’s unlucky enough to get caught by a gatso doing 36 mph on a road which is often ‘morally’ limited at a higher speed than that.

Think we’ve figured at least one of the “no” voters on the other thread anyway. :smiley:

Carryfast:
Sadly for Harry I think that the ‘law makers’ have done their job more than thoroughly in the case of camera prosecutions.The number plate seems more than enough to convict any driver who’s unlucky enough to get caught by a gatso doing 36 mph on a road which is often ‘morally’ limited at a higher speed than that.

You may be right, I’ll let you know. All I can say is that I have had one NIP withdrawn by this same Police force in the past on the grounds I gave.

Incidentally, just a heads up, it’s the Gatso on the A44 at Chipping Norton, where the limit has recently been reduced from 40 to 30. Apparently, 40mph was a realistic limit and 30 isn’t, but I wouldn’t know myself because I have never been there.

Harry Monk:
I will give you one clue.

ACPO guidelines state that the make and colour of the vehicle must be verifiable from the image, and in the case of articulated lorries, the tractor unit is out of shot when the GATSO photographs the rear of the trailer. The Police have no evidence.

YMMV! :wink:

BWAHAHAHAHA. What a right pub barrister you are.

Here’s a clue: ACPO guidelines ARE NOT THE LAW. They are, as the name implies, guidelines - nothing more. They do not have to be adhered to nor can being within them but still breaking the law be used as a defence.

The only reason you got away with it with that individual police force is because they chose to work to the guidelines. HAD THEY CHOSEN TO APPLY THE LETTER OF THE LAW INSTEAD, you’d have a £60 fine to pay and 3 points on your licence.

If I’m wrong, you’ll be of course happy to provide proof in the form of a link to the related section of Road Traffic Regulation Act 1984 or the Road Traffic Offenders Act 1988.

Off you go…

Conor:
BWAHAHAHAHA. What a right pub barrister you are.

Here’s a clue: ACPO guidelines ARE NOT THE LAW. They are, as the name implies, guidelines - nothing more. They do not have to be adhered to nor can being within them but still breaking the law be used as a defence.

[/quote]
listen to Bamber gascoigne!! mr know it all,

Conor:
The only reason you got away with it with that individual police force is because they chose to work to the guidelines.

Oh good, because it’s the same Police force again. It’s my old mate Brian!

Two tips…

  1. USING CAPITAL LETTERS DOES NOT RE-INFORCE YOUR ARGUMENT.

  2. This isn’t uk.rec.driving :wink: