Go Safe

Caught Speeding?

Caught Speeding?

 

Why have I received a Notice for a speeding offence?

A Notice of Intended Prosecution is a legal document outlining the details of an alleged speeding offence.  Its purpose is to give notice that the driver of the vehicle may be prosecuted for the offence identified.

I have received a Notice of Intended Prosecution, now what?

Once you have received a Notice, you are obliged as the registered keeper/nominated driver to complete the form.

I am the person to whom the form was addressed and was the driver.  What happens now?

You need to COMPLETE the relevant sections and SIGN the enclosed Notice.  Please return the Notice to the Central Ticket Office stated within 28 days.

What happens next?

Further correspondence will be sent to you if you complete the Notice as the driver.  If you do not receive correspondence within 28 days of returning the completed Notice, please contact the CTO stated on your form - North Wales 01745 539393, Mid & South Wales 08453 306070.

Will I get offered a Speed Awareness Course?

A course is an alternative to a fine and penalty points on the driving licence.  Once an admission is received the driver will be offered a course in writing providing the criteria are met.

What is the enforcement threshold?

GoSafe enforce within National ACPO Guidelines.

I think I've been caught speeding or going through a red light by a safety camera - what happens next? 

Within 14 clear days of a camera recording an alleged offence, a notice of intended prosecution will be issued to the registered keeper of the vehicle. This notice will contain the date, time and location of the alleged offence.

Included with the notice is a driver information form. The registered keeper of the vehicle has a legal responsibility to return this form giving the identity of the driver at the time of the alleged offence. Unless the alleged speed is more than 26mph above the limit, the Casualty Reduction Partnership will normally make a conditional offer of fixed penalty. This means recipients can choose to accept the penalty or to have the case heard before a court. Cases involving speeds of more than 26mph above the limit must be dealt with before a court - a conditional offer of fixed penalty cannot be made.

If you are not the registered keeper of the vehicle, then a new notice of intended prosecution will need to be issued in your name. The registered keeper has a legal responsibility under section 172 of the Road Traffic Act 1988 to provide the identity of the driver and will need to complete the driver information form, which is enclosed with the notice of intended prosecution.

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How do I pay?

You must follow the instructions set out in the letter you receive.

Can I pay a bigger fine and avoid the points on my licence?

No. The Conditional Offer of Fixed Penalty Notice is a prescribed alternative to prosecution. The level of monetary penalty and the points are both fixed by legislation. The choice is to accept or reject the Conditional Offer of Fixed Penalty in its entirety or not.

A vehicle overtaking me/travelling in the opposite direction set off a fixed camera but I think my vehicle will also appear in the picture. Will I get a speeding ticket?

No. We are able to tell which vehicle has triggered the camera. The safety cameras take two photographs, half a second apart, and there are white lines on the road so we can tell which vehicle has travelled further and is therefore travelling faster.

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Can I see photographic evidence?

You can request photographic evidence. This may involve you having to visit the place where the detection is being processed.

I wasn't driving the vehicle at the time of the alleged offence, what do I do?

Do not hand the form to the driver. You need to complete part 2 of the driver information form with the name and address of the person who was driving the vehicle at the time of the alleged offence and return it to the Safety Camera Partnership. You have a legal obligation under section 172 of the Road Traffic Act 1988 to supply this information. The driver will then receive a notice of intended prosecution in his/her own name.

I was driving a company vehicle

The registered keeper of a vehicle has a legal obligation under section 172 of the Road Traffic Act 1988 to provide the identity of the driver at the time of an alleged offence. This also applies to a company, which is the registered keeper of a vehicle. You will need to complete section 3 of the driver information form. You are strongly advised to keep records of the use of company owned vehicles.

I've sold this vehicle

You need to complete part 4 of the driver information form with the name and address of the buyer so a notice of intended prosecution can be issued in his/her name.

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I hold a non GB/foreign driving licence

You may still be able to comply with a Conditional Offer. If you meet the requirements, your licence/record will be endorsed with the number of penalty points laid down for the offence. Please refer to your Conditional Offer for further details and instructions.

I don't know who was driving

Section 172 of the Road Traffic Act 1988 places a legal responsibility on the registered keeper of a vehicle to supply the name and address of the driver of a vehicle at the time of an alleged offence. Failure to complete and return the driver information form may result in the registered keeper being prosecuted for failing to provide the information. You are strongly advised to keep a record of who is driving your vehicle at all times.

My vehicle was stolen

You will need to write to the Casualty Reduction Partnership giving the crime reference number issued to you by the police when you reported the vehicle stolen. Upon confirmation of these details the matter against you will be withdrawn.

What happens if I ignore a notice of intended prosecution?

If you do not respond within 28 days of the date of this notice you may be prosecuted for failing to provide information.

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I think there is a mistake on the notice of intended prosecution

A mistake on a notice of intended prosecution does not automatically invalidate it. If you think there might be a mistake on the notice you have received, you should contact the relevant Central Ticket Office noted on the notice of intended prosecution.

I want to accept the conditional offer of fixed penalty and I have a photocard licence. What do I send in?

When accepting the conditional offer of fixed penalty you must send your payment together with your driving licence to the appropriate magistrates court. If you have a photocard licence, you must send in both the photocard and paper parts of the licence.

I cannot find my driving licence. Can I send in the payment only?

No. Both your driving licence and payment must be sent in together. If you have lost your driving licence then you must obtain a new one from the DVLA immediately visit www.gov.uk/apply-online-to-replace-a-driving-licence (a form is also available at your post office). By law you must still respond to the conditional offer of fixed penalty within 28 days, but you should write to the Casualty Reduction Partnership and request that suspension of the process be considered.

Can I pay by instalments?

There is no facility for paying the fixed penalty by instalment. If you wish to pay by instalments the matter will have to be referred to a court.

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How long will the penalty points remain on my driving licence?

If you incur 12 or more penalty points within a three-year period you face disqualification under the totting-up system. Penalty points for speeding and red light violations are valid for three years from the date of the offence, but must remain on your licence for four years. For more information about driving licence endorsements contact the DVLA on 03007906801 or visit.

Can I have a higher fine and no penalty points?

No. If you receive a fixed penalty, the fine and points are set by the Government and therefore are not negotiable.

Can I appeal?

Yes. This must be done in writing. Each case will be judged on its own merits. In the event of your appeal being rejected by the safety camera unit, you must put any further appeals before a court. Please note that, 'I don't know the speed limit', 'I don't know the area' and 'the road was clear' are not accepted as valid reasons for exceeding the speed limit. If you intend to lodge an appeal you are still bound by law to return the driver information form to us within 28 days. You should not delay in sending in this form while you prepare your appeal or wait for a decision.

What if I choose to go to court?

You have the right to challenge the alleged offence in court. If found guilty, the magistrates will decide the penalty, which may be greater than that imposed by fixed penalty and you may also have to pay court costs.

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I have a clean driving history. Is this taken into account?

No. Holding a clean driving licence does not make speeding or going through a red light any less dangerous or the consequences of a collision any less tragic. Therefore holding a clean licence does not entitle you to exemption from prosecution.

I was unaware of the speed limit

This is not a valid excuse. For your own safety as well as to comply with the law, you must be able to drive your vehicle safely, react to potential hazards and obey mandatory traffic signs at all times. Exceeding the limit unintentionally does not make speeding acceptable or the consequences of a high-speed collision any less tragic. For further information on speed limits and stopping distances see Know Your Limits.

How do I know an area is subject to a 30mph limit?

A 30 mph area will EITHER have a system of street lighting or have 30 mph speed limit signs. Regulations prohibit the provision of 30 mph repeater signs on roads restricted to 30 mph where there is a system of street lighting in place. For more information the Highway Code is available to view on https://www.gov.uk/browse/driving/highway-code or view www.streetlightsmean30.co.uk

I didn't see any repeater signs indicating a 30mph limit.

This excuse will not be accepted. As stated in the Highway Code, roads with street lighting in the UK are subject to a 30mph limit unless there are signs indicating a higher or lower limit. View www.streetlightsmean30.co.uk

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Where were the camera signs? I didn't see them.

Safety camera signs may be displayed on routes leading to sites where cameras operate.  This is not a legal requirement to sign our sites with camera graphics. Please note that the absence of a camera sign does not invalidate an offence.

I couldn't stop safely for a red light because the vehicle behind me was too close and I might have caused an accident.

The photographic evidence taken by the camera at the time of the alleged offence will determine whether or not we proceed with the fixed penalty procedure in this situation. Each case will be judged on its own merits. If you feel you have grounds for appeal, then you must write to the relevant Central Ticket Office (CTO) immediately.

Remember the consequences of going through a red light can be fatal.

If I get a ticket and don't sign the paperwork I can't be prosecuted.

The registered keeper of a vehicle has a responsibility under section 172 of the Road Traffic Act 1988 to supply the name and address of the person who was driving their vehicle at the time of the alleged offence. To validate the information you have supplied, you need to sign the form. If you do not sign it, you will not be deemed to have supplied the information and you could face prosecution for failing to supply the information. This may result in the court imposing a higher penalty (including points endorsement) than would been incurred from the fixed penalty procedure.

If I speed or go through a red light at night safety cameras can't catch me

Fixed and mobile safety cameras can operate 24 hours a day. Many motorists mistakenly believe it is safer to speed at night when the roads are quieter. But casualty rates actually double after dark due to higher vehicle speeds, more alcohol consumption, tiredness and reduced visibility.

Isn’t this a violation of my human rights?

Under Section 172 of the Road Traffic Act 1988, the registered keeper of a vehicle is required to identify the driver at the time the alleged offence was committed. It is an offence not to provide this information unless the keeper can show that he/she did not know and could not, with reasonable diligence, have found out. These provisions are used for road traffic offences including those detected by safety cameras.

The situation has not changed since the introduction of the Human Rights Act, which came into force on 2nd October 2000. With regard to a notice of intended prosecution (NIP) the act does not affect you when returning this paperwork. Primary legislation dictates that you are obliged to provide the information requested if you are able to. Failure to respond to request for details of the driver may result in prosecution.

British Courts have ruled that there is no infringement of human rights in requesting who was the driver of a motor vehicle at the time of an alleged offence. Responding to such a request does not amount to an admission to an alleged offence of driving at excess speed. This decision was upheld at a case heard in the Court of Human Rights 2007. 

Are Calibration Checks a Condition of Home Office Approval?

The offical ruling is that calibration checks are not a condition of Home Office Type Approval.
 

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Welsh Government (WG) guidance Size: [124 KB] File Type: [.rtf]
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