Association of Chief Police Officers Guidelines
Below is a table of the current guidelines given to the ACPO but there are new proposals for changes to some of these figures.
A police officer can issue an on the spot fine of £60 and 3 penalty points whereas a GATSO speed camera can mean a court summons and any further offences caught on another GATSO Camera can be added together even if up to the point of getting 12 points which if received within a three year period means an automatic disqualification and a TT99 endorsement on your license.
Endorsements remain on your licence for:
11 years from date of conviction for offences relating to drink/drugs and driving, causing death by careless driving whilst under the influence of drink/drugs and causing death by careless driving then failing to provide a specimen for analysis.
4 years from date of conviction for reckless/dangerous driving and offences resulting in disqualification.
4 years from the date of offence in all other cases
The UK has one of the best safety records in the world, yet on average 9 people are killed and 85 injured each day on the roads. Safety cameras save about 100 lives a year by reducing speeding and making the roads safer.
What are safety cameras?
‘Safety cameras’ include speed cameras and traffic signal cameras. Speed cameras can be fixed, mobile or speed-over-distance (SPED). Most fixed speed cameras are run by the National Safety Camera Partnership (NSCP). The NSCP is made up of local authorities, the police, and the courts, and is subject to rules and guidance on where cameras are placed, and how they are marked and signposted.
What are the NSCP rules for speed cameras?
Fixed speed cameras can only be located in places with a history of serious accidents, or evidence of a speeding problem, or where the local community has requested them, and are marked yellow to make them clearly visible.
Vehicles which contain mobile cameras should be clearly marked. Warning signs should be within 1km of a fixed camera site, and at the start of an area with mobile cameras.
Not all cameras are part of the NCSP. Local councils in conjunction with the police may use fixed or mobile speed cameras in specific areas to control speeding. These cameras, which are run outside the NCSP, are not governed by the same rules on visibility, and the law does not require these cameras to be yellow or visible.
Where does the money from speed cameras go?
Neither the police nor local councils make any money from speeding fines. They can only claim back their running and administration costs for the scheme, and any surplus goes to the Treasury.
What happens if I am caught speeding?
If you are caught speeding by fixed or mobile speed cameras you receive a conditional offer fixed penalty notice. The conditional offer gives you the chance to settle the speeding fine without having to go to court. However, if your speed is excessive you will receive a summons from the Magistrate's Court.
The fine for speeding is £60, and 3 penalty points will be added to your licence.
Endorsements, penalty points and disqualification
How to complain about a speeding fine?
You can challenge a speeding fine in court. The Magistrates determine any fine and penalty points awarded. They have the power to increase the fine and the penalty points, and you may also be ordered to pay court costs.
Taking a case to court
You should allow 28 days for the conditional offer to expire. You will then receive a summons. You can give reasons for disputing the speeding fine on the summons, plus any evidence you want the court to take into account.
What is a notice of intended prosecution?
The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.
When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.
The NIP must be served within 14 days of the offence. The details that are commonly used if the details of the driver are not known are those of the registered keeper. If the registered keeper was not the driver and the driver receives the NIP after 14 days as long as it was posted within the 14 days it is still valid. Also if the registered keeper/driver has changed address and not informed DVLA, as long as the NIP was posted in 14 days then it is still valid.
If you have received an NIP after a period of 14 days then it is likely to be for one of the reasons above.
NIPS can also be issued verbally or alternatively you could receive a court summons through the post for the alleged offence.
Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.
The NIP is said to be served when it has been posted using ordinary post, it is still valid even if it gets lost in the post. The burden of proof is on the potential defendant to prove that neither he nor the registered keeper received the notice and the prosecution only need to prove that the notice was posted.