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-   -   Got myself a NIP in Northamptonshire (http://forums.sv650.org/showthread.php?t=76964)

Jase22 06-09-06 03:43 PM

I'll post them up once I've seen them to provide the entertainment for you lot don't worry!!!

I'll have a look at the pictures tonight and see if I can work out whether my speed is accurately calculated for a start.

I'm just bothered that one picture shows me overtaking, which would imply that I'm going faster than 60 at that point. I'll do my homework and double check though.

Baph 06-09-06 04:17 PM

Quote:

Originally Posted by Jase22
I'm just bothered that one picture shows me overtaking, which would imply that I'm going faster than 60 at that point. I'll do my homework and double check though.

Under test conditions, so long as it is safe to do so and you remain within speed limits, you are expected to overtake slower moving vehicles.

Under instruction, I was told that the same applies even if it means you go 10mph or so above the limit. So long as you slow down again straight after the manover & it's again safe to slow down again.

I think you could have reasonable justification for exceeding the speed limit. But that will only count if the vehicle you were overtaking was doing say 55mph or less and you were close to the limit.

Jase22 06-09-06 04:25 PM

Sounds like a viable argument I'd not thought of. I don't remember the exact situation, hopefully the pics will jog my memory but could well have been that he was going slower so I overtook.

grecian9 07-09-06 07:02 AM

for any other offence I would say own up but with speed cameras I say fight it all the way! Don't fill in the form as that is tantamount to a confession which you are not required to do under English law. They have to prove your guilt. If you are time consuming to prosecute, i.e. just an awkward so and so, you are more likely to have your case dropped.

I wrote 3 letters denying any offence and stating the mitigating circumstances (illegal signage, fog, darkness) for doing 36 in a 30 and I got off. When I pointed out that the view of the 30 sign was impeded by a lamp post, i.e. a permanent structure, the case was dropped within 3 days. Go back to the site of the camera and check the legality of the signage against the requirements. You can find the info on the association of british drivers website.

Don't just give in, it only encourages them to put more cameras up!

Luckypants 07-09-06 08:23 AM

Quote:

Originally Posted by Baph
Under test conditions, so long as it is safe to do so and you remain within speed limits, you are expected to overtake slower moving vehicles.

Under instruction, I was told that the same applies even if it means you go 10mph or so above the limit. So long as you slow down again straight after the manover & it's again safe to slow down again.

Don't want to be a prophet of doom, as every case should be judged on it's merits, but that was the mitigation used by the pensioner William Shaw who was famously outed by Richard Brunstrom in a press conference. link His conviction stood.

Baph 07-09-06 08:31 AM

Quote:

Originally Posted by Luckypants
Quote:

Originally Posted by Baph
Under test conditions, so long as it is safe to do so and you remain within speed limits, you are expected to overtake slower moving vehicles.

Under instruction, I was told that the same applies even if it means you go 10mph or so above the limit. So long as you slow down again straight after the manover & it's again safe to slow down again.

Don't want to be a prophet of doom, as every case should be judged on it's merits, but that was the mitigation used by the pensioner William Shaw who was famously outed by Richard Brunstrom in a press conference. link His conviction stood.

I have one problem with that case. He pleaded guilty.

Jase22 07-09-06 08:41 AM

I won't be admitting guilt, especially as the photos suggest I was in the right in my maneuvre. The Range Rover has actually moved over to the left side of the road to give me space to overtake, which I performed promptly and safely in the circumstances.

There's a slight issue with the signage though, it just so happens that Mr Plod has managed to get a picture of me "apparently" doing 69 with a speed camera sign in the background. There's also a sign for a junction just as I overtake, but the road is sufficiently clear for me to have seen ahead.

I forgot the pictures today so can't load them up, d'oh, but will do tomorrow.

It's very suspect and sneaky the way that I've been snapped by the camera IMO, which has made me more inclined to fight the charge since it suggests this is about making money and isn't about penalising people who are driving unsafely.

Luckypants 07-09-06 08:42 AM

Quote:

Originally Posted by Baph
I have one problem with that case. He pleaded guilty.

Quite true and that was of course his main problem. It was after pleading guilty that he learned that speeding briefly to overtake was ok, but it was too late by then. Also the later footage revealed that he did not slow down again (it was a van, not a camera, so they had video)

My point was that as our laws are interpreted by precedent, this case might be cited.

grecian9 07-09-06 09:27 AM

What I forgot to mention is that if you do decide to fight it you have to be prepared to go to magistrates court and represent yourself. This requires preparation and evidence and you will have to pay court costs if you lose, as well as getting the £60 fine and 3 points. There is also the chance that they would punish you slightly more for appealing. I was prepared to do this as I felt that the increase in insurance from going to 6 points from 3 would be more than the costs of losing the case so it was worth the risk. It paid off for me as it never got to court.

My mum is a magistrate and I've briefly seen her guidance cards on speeding and it does have a list of mitigating cirumstances for reducing or exonerating people's prosecutions. I'm not sure if overtaking was one of them but they are instructed to take valid reasons into account. If you genuinely think it is an unfair prosecution I think it's worth fighting and if you're lucky it won't even get to court! A well worded letter to the relevant person is the first step.

Jase22 08-09-06 08:36 AM

Here's the pictures of me. Not particularly flattering as I was wearing my winter gear due to the lengthy ride from Bradford down to Twickers and then back, but unfortunately there's no denying it's me.

http://w1.bikepics.com/pics/2006/09/...73741-full.jpg

And this one is intended for use to identify the bike apparently. Pretty obvious that it's my bike too, shame.

http://w1.bikepics.com/pics/2006/09/...73735-full.jpg


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