Please note that these answers cannot be a substitute for legal
advice and they are not intended to give advice in any particular
case. In the circumstances The UK Speedtrap Guide cannot be
held liable for accuracy or otherwise of the answers below.
Q, How many points do I need to have on my licence
before I will be disqualified?
A, You will be disqualified under the "totting-up" procedure
if you have 12 or more penalty points endorsed on your licence.
The period of disqualification will be a minimum period of 6
months, and could be longer under certain circumstances or if
you have been disqualified from driving before.
Q, How long do penalty points last on my licence?
A, For the purposes of "totting-up" penalty points last 3 years.
You need to wait a further year, however, before you can apply
to have those points removed from your licence.
Q, The 14 Day rule, can I use it to my advantage as
the NIP arrived late
For the whole ROAD TRAFFIC ACT goto www.hmso.gov.uk
Requirement of warning etc. of prosecutions for
certain offences.
1.—(1) Subject to section 2 of this Act,
where a person is prosecuted for an offence to which this section
applies, he is not to be convicted unless—
(a) he was warned at the time the offence was committed that
the question of prosecuting him for some one or other of the
offences to which this section applies would be taken into consideration,
or
(b) within fourteen days of the commission of the offence a
summons (or, in Scotland, a complaint) for the offence was served
on him, or
(c) within fourteen days of the commission of the offence a
notice of the intended prosecution specifying the nature of
the alleged offence and the time and place where it is alleged
to have been committed, was—
(i) in the case of an offence under section 28 or 29 of the
[1988 c. 52 .] Road Traffic Act 1988 (cycling offences), served
on him,
(ii) in the case of any other offence, served on him or on the
person, if any, registered as the keeper of the vehicle at the
time of the commission of the offence.
(2) A notice shall be deemed for the purposes of subsection
(1)(c) above to have been served on a person if it was sent
by registered post or recorded delivery service addressed to
him at his last known address, notwithstanding that the notice
was returned as undelivered or was for any other reason not
received by him.
(3) The requirement of subsection (1) above shall
in every case be deemed to have been complied with unless and
until the contrary is proved.
(4) Schedule 1 to this Act shows the offences
to which this section applies.
Requirement of warning etc: supplementary.
2.—(1) The requirement of section 1(1) of
this Act does not apply in relation to an offence if, at the
time of the offence or immediately after it, an accident occurs
owing to the presence on a road of the vehicle in respect of
which the offence was committed.
(2) The requirement of section 1(1) of this Act
does not apply in relation to an offence in respect of which—
(a) a fixed penalty notice (within the meaning of Part III of
this Act) has been given or fixed under any provision of that
Part, or
(b) a notice has been given under section 54(4) of this Act.
(3) Failure to comply with the requirement of section 1(1) of
this Act is not a bar to the conviction of the accused in a
case where the court is satisfied—
(a) that neither the name and address of the accused nor the
name and address of the registered keeper, if any, could with
reasonable diligence have been ascertained in time for a summons
or, as the case may be, a complaint to be served or for a notice
to be served or sent in compliance with the requirement, or
(b) that the accused by his own conduct contributed to the failure.
(4) Where a person is prosecuted on indictment in England and
Wales—
(a) for an offence to which section 1 of this Act does not apply,
or
(b) for an offence to which that section does apply, but as
respects which the requirement of subsection (1) of that section
has been satisfied,
that subsection does not prejudice any power of the jury on
the charge for that offence, if they find him not guilty of
it, to find him guilty of an offence under section 2 or 3 of
the [1988 c. 52 .] Road Traffic Act 1988 (reckless driving or
careless or inconsiderate driving).
(5) In Scotland a person may be convicted of an
offence under section 2 of that Act by virtue of section 23(1)
or (2) of this Act notwithstanding that the requirement of section
1(1) of this Act has not been satisfied as respects that offence.
(6) A person may be convicted of an offence under
section 3 or 29 of that Act (careless and inconsiderate driving
or careless and inconsiderate cycling) notwithstanding that
the requirement of section 1(1) of this Act has not been satisfied
as respects that offence where—
(a) the charge for the offence has been preferred against him
by virtue of section 24(3) of this Act, and
(b) that requirement has been satisfied as respects the alleged
offence under section 2 or, as the case may be, 28 of that Act
(reckless driving or reckless cycling
Q, Can a gatso camera take a forward facing
photo of a driver and is that evidence be admissible in court?
I was flashed twice the other day as I approached a gatso.
As long as it is a Type 24 Gatso then no. The gatso is not approved
for forward facing pictures and more often than not will not
get you in the pictures well enough anyway. Do not mistake a
TruVelo Forward facing camera for a Gatso, TruVelo cameras do
take forward facing pictures.
Q, Can you be disqualified without having
12 points on your licence?
A, Yes you can. For some offences the magistrates have a discretion
to disqualify you. For example, for some speeding offences the
magistrates have a discretion to disqualify and they will disqualify
if they consider that you were travelling well in excess of the
speed limit. Of course this will depend on the individual circumstances
of your case. The period of disqualification for these types
of offences can be less than 6 months. There are also some offences
which attract mandatory disqualification. These include offences
such as drink driving where, except under very very limited
circumstances, the minimum period of disqualification is 12
months. You would be well advised to seek legal advice if you
are charged with an offence which attracts a mandatory disqualification.
Q, How many penalty points and what sort of fine am
I likely to get for my offence?
A, It is impossible for us to say what the likely number of
penalty points and the amount of the fine you will get for any
particular offence. Much depends on the facts of the offence,
the aggravating and mitigating factors and, as far as your fine
is concerned, what you income and outgoings are. There are maximum
and minimum penalty points and fines for most offences however
and the Magistrates have sentencing guidelines to apply. Your
Law Solution can therefore give you a range within which your
fine and penalty points are likely to fall and can tell you
whether your offence is likely to be considered to be serious
by the magistrates.
Q, Should I plead guilty by post or attend in person?
A, Again, there is no hard and fast rule on this. It depends
on the nature of the offence and the likely sentence you might
get. As a general rule, however, magistrates do prefer Defendants
to be present. If there is a possibility that you will be disqualified
from driving the magistrates will compel you attend.
Q, Should I get legal representation?
A, It is perfectly possible for you to represent yourself at
hearings before the magistrates. On some smaller charges it
would probably be more cost efficient for you to do so. Many
people prefer the reassurance of having a representative with
you who is used to the court procedure and practice. Ultimately
the decision is a matter for you.
Q, SPECS hoax Emails - Where are the specs site..
To find out where all the SPEC cameras are operating see http://www.speedcheck.co.uk
Q, I have been flashed by a speed camera, what happens
next, 14 Day Rule.
The Police have 14 days to send you a Notice of Intended Prosecution
(NIP). They also get an allowance of a couple of days for the
post to deliver it. So if its more than 17 days since you were
flashed they are too late to prosecute you, unless you were
driving a company car, hire car or someone else's car. In these
circumstances they are allowed more time to track you down.
Q, The Notice of Intended Prosecution (NIP) arrived
outside of the "14" day period.
You should be able to get the prosecution dropped.
Q, What is the time limit, within which you can be
prosecuted.
The police have to serve a summons on the defendant within 6
months of the date on which the prosecutor (normally the CPS)
certify that they have collated enough evidence to bring a charge.
This does not mean that the police have 6 months from the date
of the offence to charge the accused.
Q, I was caught by an illegally parked police vehicle
that was operating a speed trap can they do
this.
When gathering evidence, they are excused under the Road Traffic
Act.
