dual carriageway not a dual carrigeway?? speeding fine help

[Man in the middle]

First, your two things.

If the NIP is not addressed to you but to the Registered Keeper you should not complete it.

Personally I would contact the issuing office and explain the problem.

Doing nothing will probably end badly as further enquiries are likely to be made and if you are insured to drive the vehicle those enquiries will come your way.

 

Now the speed limit.

The fact that the road is a dual carriageway is not relevant.

Other than a motorway, if the road has a system of street lighting it is subject to a 30mph limit unless a higher limit is indicated by a "terminal" signs and reinforced with a series of repeaters.

 

 

If no such signs exist, a 30mph limit prevails.

Nothing else you mention matters.

If you did not see a terminal sign indicating a change to the limit then you should assume the lower limit remains in force.

 

Your speed is just too fast to be offered a Speed Awareness Course but you should be offered a fixed penalty (£100 and three points) for the offence.

 

 

But your most important problem at the moment is sorting out responding to the NIP which has been sent to somebody who isn't there.

[Man in the middle]

Personally I would phone them up, explain the situation and ask them what you should do.

Get the name of the person who advised you.

 

In normal circumstances you should not reply to a notice that is not addressed to you.

If you really don't want to do that then complete the form, naming yourself as the driver and enclose a covering letter explaining that you are not the Registered Keeper and he is not available to deal with the matter.

 

They are interested in getting an admission that you were driving the vehicle at the time of the alleged offence.

Keep a copy of the form you fill in and the letter you write and get a free "Proof of Posting" certificate from the Post Office.

[Man in the middle]

No we do not. And we don't need it to help him with his speeding matter.

[Man in the middle]

Don't trouble yourself about the "fronting" issue. It is unlikely to be a problem provided you get the speeding matter resolved without complications. Have you spoken to the ticket office yet?

[Man in the middle]

Good. I don't know when the request for information was delivered but obviously it was on or before 19th August. It is presumed to have been delivered two days after it was sent so you need to bear in mind that you have until 16th September at the latest for a satisfactory response to that request to be made. If no such response is made by then that is when things begin to get tricky.

[Man in the middle]

"They don;t have to, and if it is felt "education not appropriate", then one could be given a FPN for 35 mph+.

Above 42 mph a summons should be expected, and for 50mph and above is almost inevitable."

Not quite correct.

 

For offences in a 30mph limit enforcement is not normally taken below 35mph.

A Speed Awareness Course is normally offered for speeds between 35mph and 42mph (i.e. Limit +10% + 9mph. This applies to all limits).

The only time this would not be the outcome is if the driver had taken part in a course in the previous three years (the dates of the offences being used to determine this).

 

Up tp 50mph a Fixed Penalty Offer will be made. This is £100 and 3 penalty points.

The only time this would not be offered is where the driver already has nine or more points (and is thus liable to a ban under the "totting up" rules).

 

You should not expect a summons (as an aside even if court action was necessary you would almost certainly receive a "Single Justice Procedure Notice" rather than a summons).

Instead you will receive an offer of a fixed penalty.

You need not worry about the sentencing levels for matters that go to court because, provided you comply with the conditions of the Fixed Penalty Offer (that is, send in your payment and your driving licence) you won't be paying them a visit.

[Man in the middle]

Define '"dual carriageway"

 

Generally a road with a central reservation separating the two carriageways. But I thought we'd established that the road in question here had a 30mph limit. Being a dual carriageway (or not) has no relevance to that.

[Man in the middle]

I congratulate you on being the closest so far.

Thanks for the congratulations. I don’t know how much closer I need to get to win the cigar.

 

The "Traffic Signs Regulations and General Directions 2016” defines a dual carriageway thus:

 

“a road which comprises a central reservation”

 

It defines a central reservation as:

 

(a) any land between the carriageways of a road comprising two carriageways; or (b) any permanent work (other than a traffic island) in the carriageway of a road, which separates the carriageway or, as the case may be, the part of the carriageway, which is to be used by traffic moving in one direction from the carriageway or part of the carriageway which is to be used (whether at all times or at particular times only) by traffic moving in the other direction

 

So it can be seen that no physical barrier is required.

 

I understand that there is confusion about the speed limit prevailing on a dual carriageway.

 

Some people seem to believe that being a dual carriageway automatically bestows different limits on a road simply by virtue of that fact.

 

As far as I can fathom,

the only time that being a dual carriageway by itself makes any difference to a speed limit is where the National Speed Limit (NSL) is in force.

 

 

The NSL (for cars) on a dual carriageway is 70mph whereas it is only 60mph on a single carriageway.

There are corresponding lower limits of 60/50mph for other classes of vehicle.

[Man in the middle]

If you look at my answers on 19th August at 16:41 and on 16th September at 18:52

you will see quite clearly that you should receive a Fixed Penalty offer for the offence.

It is too fast for a speed awareness course.

 

The "tolerance" you keep mentioning is not a tolerance at all.

42mph is the fastest speed for which a course would normally be offered.

(There have been instances of them being offered for slightly higher speeds but I don't expect it).

 

As well as that, you can only do one course in three years.

It is not a tolerance, it is just an alternative way for the offence to be dealt with.

 

When you get your offer, send off the £100 and do not forget to enclose your licence.

That will be the end of the matter apart from the fact that you will have three points on your licence.

 

They remain "active" for three years and if you accumulate 12 points in that time (with the dates of the offences being relevant for the calculation) then you face a six month ban.

 

Also check the conditions of your insurance policy.

Some insurers require you to notify them as soon as you get any points against you whilst others only insist on you doing so at renewal.

[Man in the middle]

Thanks for letting us know.