Speeding and legality

Found an interesting legal document on speeding, some of it well known, but some bits I've not heard of before. All from a legal database:

Drivers who exceed the speed limit and are caught doing so by the police may be issued a fixed penalty ticket or be summoned to attend court.

Evidence of speeding

This may be obtained in a number of ways:


from observation of two policemen who observed the driver;


from observation of one policeman and other mechanical evidence from a speed gun;


from a speed camera of an approved type;


from expert evidence about skid marks;


from the speedometer of a police vehicle provided it is properly calibrated.

The speed limit

This varies according to the type of vehicle and the type of road. The following table is a summary of the UK speed limits. The limit may also be fixed by traffic signs, which will specify the limit in a particular area. Some of these traffic signs may be temporary and are withdrawn after the particular hazard has disappeared.

There is no set minimum speed limit although if someone drives too slowly they may be charged with inconsiderate driving (see the relevant section).

Defences

Not having seen the sign or not being aware of the limit is no defence. However, it may be a defence if the defendant has evidence and can prove that the traffic sign was broken or had been taken away in an area where a specific speed limit had been imposed.

In order to challenge photographic evidence of a traffic camera or of a speed camera a defendant will need to support their argument with expert evidence of possible inaccuracies caused by metal objects or TV transmitters in the vicinity.

Sentence

If you are accused of speeding the police may offer to dispose of the matter by means of a fixed penalty. The offender could be asked to pay a fine and have their licence endorsed by three points.

If this offer is made it should be carefully considered as it is set at a lower level than the potential fine that can be imposed by the magistrates.

If the matter is dealt with at the magistrates’ court this is what could happen to the offender:


they could be fined up to £ 1000 or (£ 2, 500 if they were speeding on the motorway);


their licence could be endorsed with 3 to 6 penalty points;


they could be disqualified (if they were driving at 30 mph over the speed limit). The minimum disqualification is 21 days if they are convicted of driving at 40 mph over the speed limit.

SVeeedy,
Just curious, which legal database did you get this from?

It's called "desktop lawyer" - I got access through home insurance (More than - cost an extra £15 to get access to it) but the main site at http://www.desktoplawyer.co.uk/dt/browse/law/ offers it on a pay as you go basis.

Nifty!

Originally Posted by SVeeedy Gonzales

they could be fined up to £ 1000 or (£ 2, 500 if they were speeding on the motorway);

So, you can get fined more for speeding on the roads that are safest, widest, best surface and most suited to high speed? Another great example of how illogical our speeding regulations.

Not that I speed often/excessively on motorways of course; not much fun, too many places for mobile cameras to hide etc. Give me an empty A road anytime

cheers for the info,

clears up what the coppers can and cannot do u for