Author Topic: speeding..................or not (Read 6867 times)

sadlonelygit · « **on:** 12 October 2015, 10:28:20 am »

got a nice green letter through the mail at the weekend alledging 37 in a 30.
thing is i was driving a vehicle with an analogue tacho which for the time in question shows i didn't exceed 50kmh for @5 mins (the time it takes to go through the village).
do i take the offer of a speed awareness course or do i fight it?

Fazerider · « **Reply #1 on:** 12 October 2015, 10:35:37 am »

I'd verify the tachograph is accurate before challenging the ticket.

sadlonelygit · « **Reply #2 on:** 12 October 2015, 10:45:26 am »

tacho is recently calibrated and showing correct time, so pretty accurate. the trace goes nowhere near 60kmh after showing a stop for traffic lights.
problem is as we all know, it's a money making racket and they expect us to roll over.

joebloggs · « **Reply #3 on:** 12 October 2015, 10:52:29 am »

Are there case's where the offence was successfully challenged by using a taco as evidence

BBROWN1664 · « **Reply #4 on:** 12 October 2015, 11:14:37 am »

Two minor things.
Are you sure you are looking at the right time? Tachos normally use GMT I think.
Also, they may have the time wrong and this is considered a minor issue so does not get you out of the offence.

andybesy · « **Reply #5 on:** 12 October 2015, 12:42:45 pm »

A successful challenge was reported recently, I think on Visor Down. Dude had an insurance company's black box inn the boot and it showed under 30 in contradiction to a ticket for 40+. When it came to court the prosecution didn't contest the defences evidence. I'd speak to a specialist lawyer.

Andy

sadlonelygit · « **Reply #6 on:** 12 October 2015, 01:36:13 pm »

Quote from: BBROWN1664 on 12 October 2015, 11:14:37 am

Two minor things.
Are you sure you are looking at the right time? Tachos normally use GMT I think.
Also, they may have the time wrong and this is considered a minor issue so does not get you out of the offence.

digi tachos use UTC, analogue have a self contained 24hr clock.
tacho shows 75-80kmh down to 0 (traffic lights + 30 limit), then sub 50kmh for @5 mins (3km on the trace) then back up to 80kmh

alan sherman · « **Reply #7 on:** 12 October 2015, 02:32:58 pm »

Ask for the photo evidence?

stevierst · « **Reply #8 on:** 12 October 2015, 03:40:26 pm »

Quote from: alan sherman on 12 October 2015, 02:32:58 pm

Ask for the photo evidence?

Yep, get all the evidence together first, then work it out to see if your right.

You might just have a case here!

BBROWN1664 · « **Reply #9 on:** 12 October 2015, 03:45:18 pm »

don't ask for evidence.
Ask for the photo so you can identify the driver. Mention evidence and they wont send it.
That said, as you were in a truck, asking for the photo to help identify the driver will drop your company in the crap as they are meant to maintain records of who is driving so unless you were one of two drivers on that truck around that time.........

stevierst · « **Reply #10 on:** 12 October 2015, 04:55:21 pm »

The tacho printout will have the drivers name on it anyway.

BBROWN1664 · « **Reply #11 on:** 12 October 2015, 04:58:04 pm »

I would suggest that you take it to court and present your tacho evidence there.
Better still, tell them you want to go to court but also contact the officer dealing with it and suggest to him that he may want to avoid looking silly in court by looking at your evidence to prove your innocence.

esetest · « **Reply #12 on:** 12 October 2015, 05:55:01 pm »

I would ask for the photo .

sadlonelygit · « **Reply #13 on:** 12 October 2015, 05:58:42 pm »

been told this pm that the tacho can only be used as corroberating evidence only, so that's that neatly tied up in a giant fuck you.

celticdog · « **Reply #14 on:** 12 October 2015, 08:25:54 pm »

Funny you should mention this as I've just attended a speed awareness course this afternoon. $:\$ That's 4 hours and 85 quid of my life I'll never get back. However, I'd be lying if I said I didn't get anything out of it, other than avoiding the 3 penalty points. I'm on the database for 3 years now.

I was doing 34 in 30 zone, as far as the law's concerned it's a legitimate ticket issue, if there's any doubt of exceeding 30mph even for a fraction of a second, they have you bang to rights, they don't need to prove guilt, you need to prove innocence.

Get legal advice from a speeding specialist.

You have my sympathies SLG, good luck with this should you wish to fight it.

http://www.which.co.uk/cars/driving/driving-advice/dealing-with-speeding-tickets/how-to-contest-a-speeding-ticket/

stevierst · « **Reply #15 on:** 12 October 2015, 08:30:43 pm »

Or just don't speed through 30's. :

celticdog · « **Reply #16 on:** 12 October 2015, 08:48:30 pm »

Quote from: stevierst on 12 October 2015, 08:30:43 pm

Or just don't speed through 30's. :

Fair point Stevie, guilty as charged, I'm more than happy to get away with only a 4 hour lecture!

stevierst · « **Reply #17 on:** 12 October 2015, 09:53:05 pm »

I can't say nowt, been caught myself, and my son has so far done 15 points for speeding in 30's the little tw@!

joebloggs · « **Reply #18 on:** 12 October 2015, 10:08:20 pm »

I think if you've been riding 20+ yrs and had a clean licence prior to this point then you owe them a few............... If you know what I mean

sinto · « **Reply #19 on:** 12 October 2015, 10:21:18 pm »

Quote from: stevierst on 12 October 2015, 04:55:21 pm

The tacho printout will have the drivers name on it anyway.

C'mon stevierst, pay attention at the back

Analogue tachograph means you have to enter your details (or anyone else's for that matter, as that's what you had to do to 'cheat' the system)
Digital tachograph means it takes info from your digital driving card.

For those who are interested, generally after 2006 (and yes I know there's specific dates but I'm not going into that, keeping it simples) any commercial vehicle would need to have a digital tachograph fitted.

stevierst · « **Reply #20 on:** 12 October 2015, 10:27:25 pm »

Just read the op. Hands up if you feel stupid! (that'll be just me then :-[ )

I thought analogue tachos were a thing of the past 8 years ago when I stopped driving class 1 trucks. Still a few of them about obviously.

sinto · « **Reply #21 on:** 12 October 2015, 10:38:44 pm »

Quote from: stevierst on 12 October 2015, 10:27:25 pm

Just read the op. Hands up if you feel stupid! (that'll be just me then :-[ )

It happens as you get old mate

Quote from: stevierst on 12 October 2015, 10:27:25 pm

I thought analogue tachos were a thing of the past 8 years ago when I stopped driving class 1 trucks. Still a few of them about obviously.

Yeah there is, it wasn't compulsory to fit them to older trucks but new ones had to be fitted with them.

Val · « **Reply #22 on:** 13 October 2015, 11:48:55 am »

Quote from: sadlonelygit on 12 October 2015, 10:28:20 am

got a nice green letter through the mail at the weekend alledging 37 in a 30.
thing is i was driving a vehicle with an analogue tacho which for the time in question shows i didn't exceed 50kmh for @5 mins (the time it takes to go through the village).
do i take the offer of a speed awareness course or do i fight it?

Its your decision. Me weighting the risks and effort will get the speed awareness course anytime.

Because what will happen if you contest it and loose? Not to mention the cost, the time and the hassle involved even if you win. Even if you win you are loosing a lot of time and money in the fight so what exactly is the point here?

BBROWN1664 · « **Reply #23 on:** 13 October 2015, 11:52:11 am »

Some insurance companies are now asking about attendance of speed awareness courses and treating them (correctly or otherwise) the same as having got three points.
The thing you have to weigh up is how much will it cost. If you can prove categorically that you were not speeding, I would fight it. Take it to court if required and prove the system wrong.
If however, there is any doubt, take the course as the fine in court will be higher than paying the course fee.

Val · « **Reply #24 on:** 13 October 2015, 11:57:28 am »

Quote from: BBROWN1664 on 13 October 2015, 11:52:11 am

If however, there is any doubt, take the course as the fine in court will be higher than paying the course fee.

Forget about the fine what about the legal cost? Any going to court has potential legal cost of thousands...

And you need good solicitor to win so even if you win there will be a substantial cost. Can you recover that money if you win? Have no idea...