ATP Template with bundler

Speeding


Answer

Both the photocard and the paper counterpart are required in order to pay the fine and have penalty points endorsed. It is advisable to apply for a new licence straight away, as a new licence may be issued before the due date on the Conditional Offer of a Fixed Penalty Notice expires. You should also inform the issuing office.

If at the end of the 28 day period you still do not have your driving licence and therefore you are unable to make payment, a police report will be raised for the Procurator Fiscal for their consideration of prosecution.


Answer

If it was a safety camera that detected your vehicle, on the reverse of the Notice of Intended Prosecution there are three parts you may complete, if you were not the driver you should complete part two naming who was the driver. Or if you were not the owner or the keeper of the vehicle at the time of the offence you should complete part three.

Under Section 172 Road Traffic Act 1988 it is the responsibility of the registered keeper to know who is driving the vehicle at all times. Failure to do so in itself is an offence punishable by a fine of up to £1000 plus 6 penalty points.


Answer

If a safety camera detected your alleged offence contact the relevant Partnership for further information. Contact details can be found at the website in related links.


Answer

The cameras are calibrated once a year as per the set guidelines. The cameras very rarely malfunction and if they do the faults are spotted before any notices of intended prosecution are sent out.


Answer

Driving licences

Driving licences issued on or after 01.01.97
From 01.01.97 drivers who pass their car driving test (category B) can drive:

  • Category B covers small vehicles up to 3.5 tonnes maximum authorised mass (MAM) with up to 8 passengers seats with a trailer up to 750kgs (MAM) allowing a combination weight of 4.25 tonnes or
  • A vehicle of up to 3.5 tonnes MAM and a trailer over 750kgs allowing a combination of both car and trailer to be not more than 3.5 tonnes.

If you want to tow a trailer outside these provisions you will need to take another test for category BE.

Driving licence issued before 01.01.97
If you passed your car driving test (category B) before 01.01.97, you will usually be entitled to drive a motor vehicle and trailer with a combined MAM of up to 8250 kg.

Passengers
It's against the law to carry passengers in a caravan when it's being towed.

Speed limits
It is also important to stick to the required speed limits – they are different for cars towing a caravan:

  • 60mph - motorways and dual carriageways
  • 50mph - single carriageways
  • 30mph - built up areas

Motorways – third lane
On the motorway, a car towing a caravan cannot go in the outside lane (where there are 3 lanes).

Mechanical condition
Make sure your car and caravan are roadworthy with regard to their mechanical condition e.g. lights, tyres, brakes, number plates, mirrors etc.

Weights and plates
Make sure that the weight of your caravan doesn't exceed the weights for the drawing vehicle – these may be shown on a plate under the bonnet or in your vehicle's handbook.

Towball
Make sure you comply with any requirements in relation to your car's towball e.g. weights, heights and breakaway couplings.

Mirrors
The requirement is that you must be able to see clearly down both sides of your caravan, and 4 metres either side at a distance of 20 metres behind the caravan. If your existing car mirrors cannot provide this or you are doubtful as to whether they can, it is safest to fit extension towing mirrors otherwise you may commit an offence.

Further information
It's important to realise that the above only represent a basic guide to what's required. If you need further information, we would suggest you contact an approved dealer or an organisation such as the Caravan and Motorhome Club

 


Answer

If you get stopped by a police officer for speeding, depending on the speed at which you were travelling, you may either be given an endorsable fixed penalty ticket at the scene or a citation for court will be sent to you.

Either way, it is more than likely that you will have to produce your documents (driving licence, insurance and MOT) at a police station of your choice within 7 days (unless you have all the necessary documentation with you).

If you were travelling a certain set amount over the speed limit then you may get a citation to attend at court.

If you are a new driver and you get 6 points on your licence within the first two years then you will have your licence revoked and revert to learner status and you will have to apply again for a new provisional licence.

If you have held a full licence for more than two years and you get 12 or more points within a period of 3 years, you'll be disqualified under the Totting Up system, but at the end of the disqualification the points accrued in those three years will normally no longer count against you.


Answer

Yes you can.

If you are a new driver and you get six points on your licence within the first two years then you will have your licence revoked, you will revert to learner status and you will have to obtain a provisional licence, drive as a learner (L-plates and supervisor etc.) and retake both your theory and practical tests in order to regain your licence.

If you have held a full licence for more than two years and you get 12 or more points within three years, you'll be disqualified under the Totting Up system.


Answer

It depends on the type of offence. For more serious offences the endorsement starts on the date of conviction, and for others on the date of the offence. (N.B. The codes shown in brackets below are the codes that show on your licence).

4 years from the date of conviction for dangerous driving (DD40, DD60 and DD80) or offences resulting in disqualification.
 
4 years from the date of offence in all other cases.
 
11 years from the date of conviction for:
  • Drinking/drugs & driving (DR10, DR20, DR30, DR31, DR61 and DR80)
  • Causing death by careless driving whilst under the influence of drink/drugs (CD40, CD50 and CD60)
  • Causing death by careless driving, then failing to provide a specimen for analysis (CD70)
Totting Up (TT99): if you get 12 or more points within a period of 3 years, you'll be disqualified under the totting up system but at the end of disqualification the points accrued in those three years will normally no longer count against you.
 
Expired endorsements will usually be removed automatically from your driving record when they are no longer valid.
 
From 8 June 2015, existing paper counterparts to driving licences will no longer have any legal status - drivers do not need to do anything; they just keep their current photocard driving licence. Note that the DVLA are not abolishing paper driving licences issued before they introduced the photocard in 1998, and any driver who holds this type of licence should keep it and not destroy it. However, from 8 June 2015, whilst the licence (whether photocard or paper) will remain the official document that shows what vehicles a person can drive, the driver record held by DVLA will be the only legal record of the penalty points a driver has. Therefore, from 8 June 2015, paper driving licences will no longer be marked with endorsements - drivers can use the link below to find out how many points they have on their licence or when they'll be removed:
 
 
If endorsements are incorrectly shown on your driving licence you'll need to contact the court that convicted you.
 
For further information see SQ654 (how many penalty points before ban) and SQ713 (penalty points for newly qualified drivers)


Answer

Yes, this is illegal.

Any interference with the number plate to make it less easily distinguishable to the eye is illegal. You could be liable for a substantial fine if you are found guilty of tampering with the number plate.


Answer

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, otherwise the offence cannot proceed at court. If the details of the driver are not known then it is sent to the registered keeper. So long as the registered keeper is sent it within the time limit, the notice is valid. If the registered keeper has changed address/not informed DVLA etc., as long as the NIP was posted to arrive within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver, may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within the 14 days.

NIPs can also be issued verbally to the driver at the time of the offence or alternatively you could receive a court citation through the post for the alleged offence within the 14 days.

Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.

The posted NIP is deemed to be served until the contrary is shown. There is a presumption that it arrived, however it is possible for a potential defendant or other witness to satisfy the court (on the balance of probabilities) that neither he/she (nor the registered keeper where applicable) received the notice.


Answer

Although various prosecution diversionary schemes exist in England and Wales, in Scotland we do not yet offer any alternative penalty for speeding or red light running offences.


Answer

The national speed limit varies depending on what type of road you are on. The national speed limit is depicted by a white circular sign with a black stripe diagonally across it from right to left.

See the website in related information for the speed limits of different types of vehicles.

Remember that the type of vehicle you are driving may mean that you have to drive slower than if you were driving a car.


Answer

When entering a new speed limit the limit is displayed on circular signs at the side of the road. If there is street lighting you can presume the speed limit is 30mph unless it is signposted otherwise, in which case there will be repeater signs reminding you of this. Note there is no requirement to have repeater signs in a 30mph limit. However, care must be taken because 20mph limits in built up areas are becoming increasingly common.

On roads where the national speed limit sign is displayed, the actual speed limit you must comply with will vary according to whether the road is a single or dual carriageway and if your are driving a car or a light or heavy goods vehicle. See website in related information for the speed limit table.


Answer

Any speedometer that is fitted to a vehicle must be kept in good working order whilst the vehicle is being used on a road. The penalty for failing to have a speedometer in good working order is a fine.

However, if the speedometer develops a fault whilst being used or a defect has been discovered then all steps must be taken to rectify the fault with reasonable expedition. This exception only applies when the defect develops and must be repaired before the next journey.


Answer

The registered keeper or the named person in charge of the vehicle concerned is required by law to name the driver or person responsible for the vehicle at the time of the alleged offence. It is not acceptable to simply say you cannot remember or do not know who was driving it at the time.

If you are unsure who was driving it is advisable to check any records you may have, for example if it is a company vehicle check log books, delivery sheets etc. If it is a family car check diaries, phone records, bank statements etc.

Under Section 172 Road Traffic Act 1988 it is the responsibility of the registered keeper to know who is driving the vehicle at all times. Failure to do so in itself is an offence punishable by a fine of up to £1000 plus 6 penalty points.


Answer

You should contact your local council who will be able to advise you on the traffic calming measures which are in place, or the process for getting traffic calming introduced in your area.

See the website in related information to find your local council's details.


Answer

There is nothing in law that states safety cameras must be marked or signed in any way and lack of warning signage is not a defence against prosecution.

However, in Scotland all safety camera partnerships comply with the rules and guidelines of the Scottish Safety Camera Programme, which are based on the principle of a highly visible deterrent. This includes information signage on the approach to all safety camera sites and conspicuity of all camera installations and enforcement vehicles.


Answer

If you have had your licence for less than two years:
Under legislation covering new drivers, gaining six or more penalty points on your licence within two years of passing your test will lead to your licence being revoked. You will need to resit and pass the theory and practical driving tests in order to regain your full licence.

If you have had your licence for more than two years:
Twelve points or more on your licence may lead to disqualification from driving. The Court will decide on the length of any disqualification.

Having penalty points on your driving licence may affect your insurance costs and employment.


Answer

Please note from 1st March 2017 the penalty for using a mobile phone whilst driving will increase to 6 penalty points and a £200 fine. For newly qualified drivers this could result in your licence being revoked for a single offence.

Under the New Drivers Act, drivers will have their driving licence revoked automatically if they accumulate six penalty points within two years of passing their driving test. They would be required to re-sit and pass both the theory and the practical test again in order to regain their full licence.

There isn't another 2 year period if you pass a test for another category of vehicle e.g. to drive a heavy goods vehicle.


Answer

Gatso cameras are the most commonly used speed cameras on UK roads. They use radar technology to measure how fast a vehicle is travelling. If a vehicle is exceeding the speed limit for a given road, a camera and high powered flash take two photographs of the rear as it passes. The cameras only take rear facing photographs so the high powered flash doesn't blind drivers.

The Truvelo camera is usually forward facing (it can be rear facing) and uses four piezo sensors embedded in the road surface at set distances to measure the speed of passing vehicles.

SPECS cameras record a vehicle's average speed over a given distance. They are often used on motorways/dual carriageways or road works.