My Dad just got caught 46mph in 40mph average speed

[joshmark]

Hi All

 

We live just off junction 4 of the M5, and they have had some average speed camera's installed for a month or os.

 

My dad is a salesman and has 10 points on his license already. He actually went over 12 points, served a 3 month ban and now is on 10.

 

But he just got a letter through with another 3 points - this time for doing 46mph in a 40mph average speed check.

 

I didnt think they could prosecute until 47mph?

 

Is there anything we should know that could help us?

[JoeyJoeC]

As far as I know, its 10% + 2mph... so thats 46mph.

 

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_fixed_penalty_notices/

[Aretnap]

The limit is 40 and in principle there's no reason why he couldn't be prosecuted for doing 41

- any tolerance is a matter of discretion on the part of the police rather than law.

 

 

In practice most forces do apply a margin of 10%+2, but that means that 46 is the lowet speed you'll be prosecuted for, not the highest you can get away with.

 

If he's already had a totting ban that has the effect of wiping the points that led up to it

- so when you say he's on 10 points do you mean he's got 10 more points since he got his licence back,

or are you also counting points from before the ban?

If it's the latter then he shouldn't be at risk of a ban this time.

 

If he got a 3 month ban rather than the usual 6 on reaching 12 points presumably he made a successful exceptional hardship case?

Presumably he's aware that he can't make a second exceptional hardship case on the same grounds for 3 years?

[Tony P]

I'm curious why there is no Speed Awareness Course offer, that stops new points, as he was only 1mph over the 'tolerated' speed.

Maybe the local Police do not offer them or do they not apply to such speed detection zones?

[Bravot]

I'm curious why there is no Speed Awareness Course offer, that stops new points, as he was only 1mph over the 'tolerated' speed.

Maybe the local Police do not offer them or do they not apply to such speed detection zones?

 

Or it's not in the public interest due to the previous endorsements and/or the fact that he's a totter?

[Aretnap]

Existing points and other driving history aren't taken into account when deciding whether to offer a speed awareness course.

 

 

However if he's got that many points I'd guess that he's already done a court in the last 3 years as well

- and that would disqualify him from doing another.

[Bravot]

Existing points and other driving history aren't taken into account when deciding whether to offer a speed awareness course. However if he's got that many points I'd guess that he's already done a court in the last 3 years as well - and that would disqualify him from doing another.

 

All depends on relevant force - it's a completely discretionary offer.

[caro]

I'm curious why there is no Speed Awareness Course offer, that stops new points, as he was only 1mph over the 'tolerated' speed.

Maybe the local Police do not offer them or do they not apply to such speed detection zones?

 

Round here this is only available for a first offence, or if not done in last 3 years.

[JoeyJoeC]

If I were on 10 points, I wouldn't be speeding 1mph over the limit. Does he not take his job seriously enough?

[citizenkain]

obviously not,just flying around in a car with no cares at all,he will care when he gets banned again,see if that slows him down.

[DragonFly1967]

I'm not going to point any fingers here, but where's the ethos of 'advice without judgement' that the CAG is all about gone?

 

I'm quite sure that the driver already knows that he's been a bit of a wally, so doesn't need any salt rubbing into the wounds. And whilst speeding is wrong, we can't be certain, from behind our keyboards, if it was inappropriate. Fair enough, if there were people all over the M5 actually working, then it might've been inappropriate to be travelling at >40mph, but the OP doesn't say, and the rest of us shouldn't assume. If there was no 'workforce in the road' then 46mph, on a motorway, even with cones, isn't exactly the crime of the century.

[citizenkain]

well,it obviously is a crime if hes getting done for it,nobody said the driver was a bit of a wally,hes obviously a compulsive speeder as he keeps getting done for it,hopefully he will watch his speed a bit better before he kills someone,thats the purpose of the points/fines.

[ericsbrother]

Some roads have cameras on them where you will get done for 2mph over the limit, one in Dorset springs to mind. Average speed cameras are normally used in a less forgiving manner than a single camera at an accident "blackspot" because they give the driver time to correct their behaviour if they stray over the limit for a short while.

I cant see much in the way of hope for discretion or mitigation in your dad's case though since they have already sent out the NIP.