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-   -   Got flashed but am I in the wrong (https://www.the75andztclub.co.uk/forum/showthread.php?t=317747)

BillyMG 11th February 2022 17:27

Got flashed but am I in the wrong
 
I was driving back from Leeds today in Farage and the variable speed signs were showing 40. Just as I drove through one it changed to 60 and the road ahead was clear. I must have been behind the sign or obviously I wouldn't have seen it but to be clear I literally saw it change a split second before I passed under it. Without even thinking I stepped on the gas and the camera flashed me. It was definitely me as there were no cars alongside me. Will I get a ticket?? As far as I'm concerned I went through a 60 at about 43 on my phone sat nav / 48ish on the Speedo. I'll be furious if I get a ticket as I genuinely don't speed anywhere

macafee2 11th February 2022 17:41

43 in a "40", I would have thought not but you never know.
Seems the two were out of sync.

macafee2

Southern Star 11th February 2022 17:47

S
 
Highly unlikely I'd say. I read a post elsewhere once from someone who was involved in the tech side of motorway speed cameras who said that even when the variable limit is reduced, there is a five-second delay in enforcing the new lower limit. So I'd assume it would know that you passed below the posted limit at that time.

MSS 11th February 2022 17:50

Quote:

Originally Posted by BillyMG (Post 2920104)
I was driving back from Leeds today in Farage and the variable speed signs were showing 40. Just as I drove through one it changed to 60 and the road ahead was clear. I must have been behind the sign or obviously I wouldn't have seen it but to be clear I literally saw it change a split second before I passed under it. Without even thinking I stepped on the gas and the camera flashed me. It was definitely me as there were no cars alongside me. Will I get a ticket?? As far as I'm concerned I went through a 60 at about 43 on my phone sat nav / 48ish on the Speedo. I'll be furious if I get a ticket as I genuinely don't speed anywhere


Yes - we are all innocent, law abiding, citizens here! :eek:

I'd say regardless of whether you get a ticket or not, it is your moral duty to send in the equivalent of the fine amount. :D

trikey 11th February 2022 18:24

I would say you have a good case for getting off with the ticket if you observed the 60 sign, they should have records of when the limits change and be able to match that with the picture from the camera.

Maybe it was a French camera operator and they didn’t like the flag on the roof!!

clf 11th February 2022 18:37

Quote:

Originally Posted by MSS (Post 2920109)
Yes - we are all innocent, law abiding, citizens here! :eek:

I'd say regardless of whether you get a ticket or not, it is your moral duty to send in the equivalent of the fine amount. :D

try to pay a govt. department a sum of money that is not accompanied by relevant paperwork, explaining the service charge or product, go on, try it lol.

-----------------------------------------------------------------------------------

re: the OP, I cannot say that you will or not, as I understand such flashing does not always mean a fine, in that some folk 'get away with it'.

But the point of seeing the speed change, it could be argued that it was human error, and accidentally changed to the higher speed, only to be rectified immediately after. If one did arrive through the post, I would dispute it, and even with the human error element, it does mean 'beyond reasonable doubt' could not be fulfilled. I would assume such changes would be logged in some manner, be accidentally, or deliberate for such disputes.

Because of the potential for dispute, and the potential of causing issue with following drivers, I would have also thought there was some form of delay one way or another. IE the cars follwoing, assume the speed to be now 60, yet the car in front is doing 40 :shrug:

Bazzateer 11th February 2022 18:59

You'll get a life ban and a 300 quid fine. Tell you what, I'll do you a favour. I'll give you 300 quid for the car since you won't need it any more and you use the cash for the fine.

Sorted!:} I know, I'm a generous soul.

BillyMG 12th February 2022 10:25

Quote:

Originally Posted by trikey (Post 2920114)

Maybe it was a French camera operator and they didn’t like the flag on the roof!!

I knew it !!!

victorgte 12th February 2022 11:16

There is a 60 seconds delay from speed changing on the matrix sign to the cameras changing. No need to slam on the brakes.
I learned this on my speed awareness course!

Sent from my POT-LX1 using Tapatalk

simondhopkins 12th February 2022 11:57

Quote:

Originally Posted by BillyMG (Post 2920104)
I was driving back from Leeds today in Farage and the variable speed signs were showing 40. Just as I drove through one it changed to 60 and the road ahead was clear. I must have been behind the sign or obviously I wouldn't have seen it but to be clear I literally saw it change a split second before I passed under it. Without even thinking I stepped on the gas and the camera flashed me. It was definitely me as there were no cars alongside me. Will I get a ticket?? As far as I'm concerned I went through a 60 at about 43 on my phone sat nav / 48ish on the Speedo. I'll be furious if I get a ticket as I genuinely don't speed anywhere

Do you have a dash cam fitted?

If so and it shows 60 on there, submit the video as evidence and you should be ok.

BillyMG 5th March 2022 18:49

Well I don't want to tempt fate but it's been 3 weeks and I've had nothing through so fingers crossed it was a false alarm!

Ched 5th March 2022 19:23

If it flashed just once then that's the camera calibrating itself, two flashes and you'll get a letter.

Borg Warner 5th March 2022 20:14

https://www.honestjohn.co.uk/faq/speeding-defences-2/

The Rovering Member 9th March 2022 22:29

Even though l don't believe it's an official cut-off time limit, you should have had it within a fortnight.

And if there were calibration marks on the road your speed would have been physically indicated. The cameras are set at the ACPO guidelines of 10% +2mph.

AndyN01 10th March 2022 03:21

After some digging it looks like there are two parts to this and the time limits are set in Law:

First:

The Time Limit for telling the Police (etc.) who was driving is stipulated in the Road Traffic Act 1988 (Note - AFAIK Scotland is different):

Section 172:

Duty to give information as to identity of driver etc in certain circumstances.

(1)

This section applies—

(a) to any offence under the preceding provisions of this Act except—

(i) an offence under Part V, or

(ii) an offence under section 13, 16, 51(2), 61(4), 67(9), 68(4), 96 or 120,

and to an offence under section 178 of this Act,

(b) to any offence under sections 25, 26 or 27 of the Road Traffic Offenders Act 1988,

(c) to any offence against any other enactment relating to the use of vehicles on roads, and

(d) to manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle.

(2)

Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police or the Chief Constable of the British Transport Police Force, and

(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.

(3) Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.

(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.

..........

(7)


A requirement under subsection (2) may be made by written notice served by post; and where it is so made—

(a) it shall have effect as a requirement to give the information within the period of 28 days (my highlighting) beginning with the day on which the notice is served, and

(b) the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it........

(10)

In this section—

“registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under the Vehicles Excise and Registration Act 1994 with respect to that vehicle as being that person’s address, and

“registered keeper”, in relation to a vehicle, means the person in whose name the vehicle is registered under that Act;

and references to the driver of a vehicle include references to the rider of a cycle.


You're looking at a £1000 fine for failing to provide the info (https://www.legislation.gov.uk/ukpga/1988/53/schedule/2 and https://www.legislation.gov.uk/ukpga...on/122/enacted and possibly court costs, prosecution costs, a surcharge and 6 points :eek:.


AND


The Time Limit for the summons is stipulated in the Road Traffic Offenders Act 1988:

Section 1

Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless]—

(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or

(b) within fourteen days of the commission of the offence a summons (my highlighting) (or, in Scotland, a complaint) for the offence was served on him, or

(c) within fourteen days (my highlighting) of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—

(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,

(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.


Hope that helps.

The Rovering Member 10th March 2022 04:34

That's good then. :}


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