Need to track down this solicitor (Get out of Jail Card)

[Benny130]

Yes outside of guidelines for speed awareness and fixed penalty so would look like a court visit

 

[andyf]

ACPO guidelines are summons for 76 and above in a 50 limit - so narrowly missed a fixed penalty.
The mags' sentencing guidelines are 6 points or a short ban and a fine of 75% to 125% of relevant weekly income (take home pay). Absent any aggravating factors, you would be bloody unlucky to get a ban for that speed.

Currently, you are required under s. 172 RTA 1988 to name the driver. If you fail to do so, absent any defence you would get 6 points (DVLA endorsement code MS90 - can be costly at insurance renewal time) and a large fine (capped at ?1000). Many talivans have CCTV systems which record the numberplates of bikes (and other vehicles).

The device used appears to be a Lastec LTi2020 with Concept DVD system. This is a lidar device which measures speed in approx 1/3s, and has a beam divergence of 3 miliradians - ~60cm at 200 metres. There is no general prohibition of prosecution where 2 vehicles are in the picture, but the court must be able to be certain (beyond reasonable doubt) which vehicle's speed was being measured. For radar devices such as the Gatso, this can be more of an issue. There are documented issues with these devices recording the speed of larger vehicles at the edge of the beam cone when bikes are targetted, but the vehicle speed can be be determined from distance over time from the video, so it would be almost impossible to discredit the evidence unless you actually weren't speeding (or at least within the tolerances of such techniques).

 

[HPlogger]

Nail bitingly I've filled in the NIP form admitting it was me. :-(

The odd thing is about the A59 dual carriageway on exactly the same road going the opposite direction it's national speed limit applies with a barrier meaning 70mph!

I'm well gutted.

 

[ekdg]

It may be worth having a look at the area make sure all the road signs are correct and in the correct places

Nail bitingly I've filled in the NIP form admitting it was me. :-(

The odd thing is about the A59 dual carriageway on exactly the same road going the opposite direction it's national speed limit applies with a barrier meaning 70mph!

I'm well gutted.

 

[MacRR]

Nail bitingly I've filled in the NIP form admitting it was me. :-(

The odd thing is about the A59 dual carriageway on exactly the same road going the opposite direction it's national speed limit applies with a barrier meaning 70mph!

I'm well gutted.

You've done the right thing, have you got points on your licence already? Not too bad if you end up with just 6..

 

[soofsayer]

So...... How long does it seem to take these days for a nip to come in the post. No guesses as to why I'm asking....

 

[Benny130]

14 days from the date of offense if you are the registered keeper. Hope its not too serious :nonchalance:

 

[Zxcv12]

It's all a bit random its seems, though if you are prosecuted you need to work through your mitigation. I was pulled over with all the blue lights etc in north wales, video said 106 in a 60! They made me wait nearly 6 months for a summons, it was not a happy period.....
however, I did prepare by doing the ROSPA course, and the certificate did go down well in court. There was additional mitigation in terms of transport for work but I ended up with 6 points and a hefty fine.
Since then I tend to book plenty of track Days as it just ain't worth the stress. Taught me a lesson though....

 

[MacRR]

So...... How long does it seem to take these days for a nip to come in the post. No guesses as to why I'm asking....

Got one through 6 days after my 'offence' (64 in a 50) last month...

 

[soofsayer]

Thanks gents.

should have known better. I was going up the old A1 just south of Boroughbridge. It is quite straight and fast, never had any issues along there. A lorry flashed me so I slowed right down (I had seen a van on that stretch last time out which was unusual). I then caught up with some vehicles travelling the same way as me and one of them was a camera van on the move so I presumed that was the van the hgv had flashed me about. So... off I went and a couple of corners later another van was waiting at a layby (the same bloody layby I saw one at recently as above). I went hard on the brakes immediately (rear wheel came up, I was in race) so I have no idea if he got me and at what speed. It wasn't triple digits for sure but I just don't know what speed he would have clocked me at, these bikes scrub speed very quickly.

Anyway, I have been thinking of putting the HP4 to track work only after this summer and that was cemented in my mind for some time later until I had a cracking ride back down from Hawes to Settle and home. But yes, I think it will be going to track from 2017 and the GSA will be the road plodder/tourer, and maybe a little cafe racer might sneak into the garage over winter for everything else...

Edit - just out of interest, if you get banned can you still do trackdays? I guess not?

 

[andyf]

You need a licence to do track days - either a driving licence or an ACU race licence - if you can get an ACU race licence, you can still do track days.

If you were a bit sneaky, you could physically 'lose' your driving licence, get a replacement (before being banned) and still have something that looks very much like a driving licence to show at registration. If you are banned for less than 56 days, you retain your physical licence, although you can't drive (legally) until the ban expires.

 

[soofsayer]

Thanks Andy, that all makes sense. Would be fun (not) trying to get to a circuit though.

The ACU licence is simple enough to do as you're probably already aware. I nearly did mine a couple of years ago. Didn't bother in the end as I had the realisation that family duties and amateur racing over 16 weekends a year weren't compatible lol.

 

[andyf]

So...... How long does it seem to take these days for a nip to come in the post. No guesses as to why I'm asking....

If there is nothing in today's post, it's too late to serve a NIP.

N.B. If a NIP was properly posted in good time and for whatever reason either not delivered, or delivered outwith the 14 days, the law would presume that it was delivered 2 working days after posting unless the contrary is proven.

 

[alex]

Do you need a license for Spanish track days?

 

[ekdg]

If there is nothing in today's post, it's too late to serve a NIP.

N.B. If a NIP was properly posted in good time and for whatever reason either not delivered, or delivered outwith the 14 days, the law would presume that it was delivered 2 working days after posting unless the contrary is proven.

If the police can show that they have taken reasonable steps in a timely investigation to identify the owner and or the driver at the time then this time of 14 can be extended. example is company cars- first noip to the owner of the car i.e. lease company within the 14 days reply then within 28 days- police then send 2nd noip to company, they reply with driver within the 28 days. 3rd noip to the driver and he/she responds within the 28 days.

If the vehicle is registered to you at the correct address then it should be within the 14 days.

 

[andyf]

If the police can show that they have taken reasonable steps in a timely investigation to identify the owner and or the driver at the time then this time of 14 can be extended. example is company cars- first noip to the owner of the car i.e. lease company within the 14 days reply then within 28 days- police then send 2nd noip to company, they reply with driver within the 28 days. 3rd noip to the driver and he/she responds within the 28 days.

If the vehicle is registered to you at the correct address then it should be within the 14 days.

There is no provision in law to extend the 14 days - but there are exceptions to the requirement to serve a NIP within the 14 days.

There is no requirement to serve any subsequent NIP if a NIP is served on the driver or RK within the 14 days. In practice, this means that the first NIP to the RK is the only NIP that is required. Subsequent notices are just to determine who was driving under s. 172 Road Traffic Act 1988. There is no time limit on serving subsequent notices, or requirement for the police to show timely enquiries, but for most summary offences they need to instigate court proceedings against the driver within 6 months of the offence.

If the police could not with reasonable diligence determine the name and address of the driver or the registered keeper in time to serve a NIP within the 14 days, the requirement to serve a NIP does not apply at all. In practice this is likely to only be applicable if the vehicle does not have a registered keeper and the driver is not shown as being specifically insured on that vehicle on the MIB database.

 

[soofsayer]

If there is nothing in today's post, it's too late to serve a NIP.

N.B. If a NIP was properly posted in good time and for whatever reason either not delivered, or delivered outwith the 14 days, the law would presume that it was delivered 2 working days after posting unless the contrary is proven.

I'll go with that answer . I am the registered keeper etc. Those HP4 brakes must be good lol.

Lesson learnt though. Thanks to everyone for all the input.

 

[andyf]

If it was a laser speed detection device (lidar), other than slowing down to within the prosecution threshold before you are targeted, if you are accelerating or decelerating sufficiently during the 'ping' the error trapping software will discard the reading. Or the operator might have been having a break, or not targeting your vehicle, or unable to get a 'lock'.

 

[HPlogger]

View attachment 1844View attachment 1845

Update with the speeding.

Fined ?419 and 6 penalty points endorsed on my driving record. :dispirited:

 

[stuartb]

Heavy blow mate... You will have to be really vigilant now...dont let it spoil your fun.

Sent from Galaxy S7