Speeding - referred to Magistrates Court

[thedryad]

Hi all,

 

My partner drives ambulances for a living. Recently he received a Notice of Prosecution for speeding (48 in a 40 zone).

 

He believes that - a). He wasn't doing over 40 mph (His crew mate has confirmed)

 

and - b). That is is warranted as an ambulance driver as this particular job was a "red call" (meaning that it was a matter of life or death).

 

The trouble is, he doesn't work for the NHS or the ambulance service, it is a company that is sub contracted by the ambulance service and they have different rules.

 

He has disputed the notice and recently had a letter saying it's been referred to the Magistrates Court.

 

My question is,

what leg has he got to stand on?

 

 

What is the worst they can do?

 

 

His employer won't back him up, and he feels that not only was he not speeding but even if he was, he had grounds to do so.

 

He is 44 and has held his licence for 20 years.

[BazzaS]

If he wasn't exceeding 40 mph he is safe.

If he was :

http://www.legislation.gov.uk/ukpga/1984/27/part/VI

 

S.87.

 

Exemption of fire brigade, ambulance and police vehicles from speed limits.

 

No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used fire, ambulance or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

 

He may need the call records to demonstrate the nature of the call.

 

I'm not saying it applies to him but the exemption relates only to "speeding" : so it might be legal to be at 80 mph, but only on a motorway : doing so in a city centre could mean a prosecution (not for speeding but for eg careless driving ......)

[ericsbrother]

crown immunity if blues and twos legally fitted and in use at the time.

 

Applies to Red Cross, St Johns many private ambulance firms, blood donor service etc.

He will have to show necessity and proportinality

 

His problem is that speed cameras dont have any sense and that normally gets transferred up the chain so the decision makers will continue with a prosecution that then fails and the prosecutors will refuse to accept that it was a bad decision to continue.

 

His employers are undoubtely spineless and will spend so much time sitting on the fence over this one their backsides will look like a hot cross bun.

[Oddfellow]

Is he in a trade union? I'm betting their legal team would help out if needed, but if he was justifiably on blues and twos, this should not even have been referred to court.

[sgtbush]

Do you have blues n twos

Yes.. And was using them on a legitimate 999 = crown immunity

No= fine and points... Simple

[dx100uk]

well spotted.......