I HAVE RECEIVED A NOTICE OF INTENDED PROSECUTION FOR SPEEDING. WHAT HAPPENS NOW?
You have been sent a Notice because you are either the registered keeper of a vehicle or have been nominated as the driver of a vehicle which is alleged to have committed an offence. You are required by law to tell us if you were the driver or whether someone else was driving and if so provide their details. If you do not give us this information you are likely to be summoned to Court and if found guilty fined up to £1000 and awarded 6 penalty points.
When you have provided these details the driver may be given an opportunity of attending a speed awareness course. If you successfully complete a course you will not be fined or receive any penalty points.
A further option, should you not be offered a course or choose not to accept, is paying a fixed penalty fine and receiving 3 points on your licence. If you were driving at a speed which was substantially over the limit you are likely to be summoned to court without either a fixed penalty or offer of a course being available. Before any of these options are available you must tell us who the driver was at the time.
If you go to court the magistrates will decide whether you committed the offence and upon any fine or penalty points to be awarded. You are reminded that the courts have the right to increase the fine and penalty points awarded if they see fit and if found guilty you are also likely to be required to pay prosecution costs.
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.
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 [phone line open between 09:00 to 12:30]
Mid & South Wales 01443 660402 [phone line open between 09:00 to 12:00]
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.
WILL I GET OFFERED A SPEED AWARENESS COURSE?
A course is an alternative to a fine and penalty points on the driving licence. The aim of cameras is to reduce the number of people killed or seriously injured on our roads. We prefer to educate drivers rather than punish them with fines and penalty points. An accredited course is available in certain circumstances, and is far more likely to improve driver behaviour and consequently make our roads safer. Courses are available to drivers who respond quickly to the Notices and who were driving at no more than 10% +9 miles per hour above the posted speed limit. If there is a delay in identifying the driver, a course is unlikely to be offered.
HOW DO I BOOK A SPEED AWARENESS COURSE?
Speed awareness courses should only be booked directly with the course provider, either Dyfed-Powys Police or TTC. Please do not book any course with a third party, as this may not be successful but you may still be charged.
Details of the course providers can be found at Speed Awareness | GoSafe Welsh Road Casualty Reduction Partnership
I WOULD LIKE TO ATTEND A SPEED AWARENESS COURSE BUT WENT ON ONE 2 YEARS AGO?
No. National guidelines state that a person may only attend one course within any three year period.
IF I GO ON A COURSE, WILL I STILL RECEIVE THE FINE AND PENALTY POINTS?
No, attendance on a course is an alternative to a fine or any court proceedings. Once a driver completes the course the matter is closed. You will however be required to pay for the cost of the course. The courses are provided by TCC in Gwent, South Wales and North Wales Police at a cost of £88 or if you book the course with Dyfed-Powys there will be a cost of £92. You will not be able to attend a further course within 3 years.
WHAT IS THE ENFORCEMENT THRESHOLD?
GoSafe enforce within National Police Chiefs Council (NPCC) 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.
HOW DO I PAY?
Payment can now be made over the telephone or online, these details are provided on the Conditional Offer. The Driving Licence must be forwarded to the Court within 7 days of making payment. An authorisation code is given when a payment is made which assists HMCTS in identifying the driving licence with the payment.
Automated 24hr payment line 0300 1231 481
IMPORTANT NOTICE - UNOFFICIAL PAYMENT WEBSITES
It has come to our attention that there are websites offering substantial discounts on fines or fixed penalty notices - please don't use them; whilst the website will take your money, ultimately your fine or fixed penalty will not be paid and you may be subject to further enforcement action. No discounts or Government initiatives exist for any ticket type.
You MUST only use the official payment methods as stated on your notice. Customers who have come across such websites are advised to report it to www.actionfraud.police.uk that monitor and store these sites.
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.
I WASN'T DRIVING THE VEHICLE AT THE TIME OF THE ALLEGED OFFENCE, WHAT DO I DO?
You need to complete all sections of the Driver Information form including the name and address of the driver at the time of the alleged offence. This will need to be returned 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 all sections of the driver information form including the name and address of the driver at the time of the alleged offence. 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 for South Wales and part 3 for North Wales) 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.
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.
I THINK I'VE BEEN WRONGLY ACCUSED OF SPEEDING? - SHOULD I CONTEST IN COURT?
The offer of a 'Fixed Penalty' provides a simple means for the driver to discharge liability for the offence by paying a fixed fine and receiving points on your licence. However, the driver of the vehicle has the right to request a court hearing and should consider this option if they wish to dispute the offence and/or put forward mitigation.
The lines painted on the road at fixed sites are there as 'secondary check marks’ and are used to check which vehicle was speeding. Again, you can check to see that we have correctly identified the relevant vehicle in any photograph. Some cameras take two photographs, half a second apart. The lines allow us to measure the distance travelled in that half second to be sure that it matches the speed the camera has recorded.
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.
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.
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 the website.
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?
If you believe you have a defence, you should write and request for the matter to be referred to 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.
WHO SETS THE SPEED LIMITS?
On motorways and trunk roads, speed limits are set by the Highways Agency. On all other roads it is the relevant Local Authority. Before a speed limit is set, the police are consulted and a traffic regulation order is issued where required. A restricted road where there is a system of street lighting has a default speed limit of 30 miles per hour unless another limit is indicated. A Traffic Regulation Order is not required for most 30mph limits.
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 the Law.
HOW DO I KNOW AN AREA IS SUBJECT TO A 20MPH LIMIT?
A 20 mph area will EITHER have a system of street lighting or have 20 mph speed limit signs. Regulations prohibit the provision of 20 mph repeater signs on roads restricted to 20 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
I DIDN'T SEE ANY REPEATER SIGNS INDICATING A 20MPH LIMIT.
This excuse will not be accepted. As stated in the Highway Code, roads with street lighting in Wales are subject to a 20mph limit, unless there are signs indicating a higher or lower limit.
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 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.
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.
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 official ruling is that calibration checks are not a condition of Home Office Type Approval.