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exceeding speed limit for goods vehicle

Discussion in 'General Chat' started by ALPINE, Sep 18, 2008.

  1. ALPINE
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    ALPINE Yes its diesel, now cry u lost

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    my boss had a fine stating this title. i was doing 73 in a 70 zone. thing is... i drive a short wheel base transit. there is no speed limitations on those is there? if there is there will be a audi for sale as i will loose my licence. (6 ponts in2 year probi) great.. i drive for a job and i have a 5 year old and a baby due xmas.

    im going to appeal but im right in thinkin 73 in a 70 is acceptable (for speedo differences) and there is no limintations on a trasit i.e a motor uner 7.5 ton.

    please help put my mind to rest.

    it was a mobile van that clocked my speed.

    cheers
    #1
  2. quattrojames
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    quattrojames Moderator Staff Member Moderator

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    Don't quote me too much on this mate, but I have heard something about this in the past, but the facts are a bit hazy. A transit is a light commercial vehicle, and as such is covered by different speedlimits, something like 50 in 60mph A roads etc and 60 on a motorway or dual carriageway rather than 70. Not many people know this, and I don't think it is particularly widely enforced, but it covers lots of light commercials including pick up trucks etc. I'm sure a search on the D of T website should help you.

    I take it your boss has received an NIP to establish who was driving? If so when the ticket comes it should state the type of road and legal limit which applies to your vehicle and also which class your vehicle belongs to. As such you can then consider whether to appeal or off extenuating circumstances. Disqualification is at the magistrates discretion and if you can prove you need a licence for work and family reasons disqualification doesn't need to be compulsary.

    Good luck and let us know.
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  3. Ash B
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    Ash B Well-Known Member

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    Sorry to hear that but dont really know much myself on thats
    Hope it works out and good luck
    lets us know how it goes
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  4. jcs356
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    jcs356 Brum brum

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  5. S3 Big Andy
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    S3 Big Andy Stealth Beast Baby Yay

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    Vehicles without a rear side window are classed as LGV not cars, however as you drive for a living get your boss to write a letter stating you will be made unemployed if you have no licence, also be very humble to them and you will probably not get a ban!

    I didnt!!!
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  6. FactionOne
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    FactionOne Administrator Staff Member Administrator

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    Right, all of the above is great advice in terms of speed limits applying to LGVs and all those other complications; but as regards punishment/points/disqualifications etc. you might be at a stickier wicket...

    Basically, if you've got an NIP and you plead guilty by reply (ie don't go to court), you're going to get three points added to your licence; a few days later, you'll have a letter from those lovely folks down the road from me who will advise you in another five days you're licence will become invalid and you'll not be alllowed to drive. As you're aware, this is a revocation under the New Drivers Act; and as such, no courts are involved. As soon as the fixed-penalty office advise the DVLA of your punishment, they will act to revoke the licence under the terms of the New Drivers Act.

    If you wish to avoid a revocation, you will HAVE to go to court. If it's confirmed, and you actually should have been doing 60 or something (as opposed to the standard 70), when you go to court you should explain clearly (and humbly) that you're not there to make excuses or deny what you did. Explain that while you were unaware that you were so much over the limit for your type of vehicle, you realise that it was your responsibility to know, and therefore you understand you were in the wrong; as such you will gracefully accept your punishment, but you would request that the court consider a fitting-punishment that doesn't affect your ability to drive; as your job and family depend on that...

    Now here's the important part... 73 in a 70 (even if it should've been 60 for your vehicle) would probably be a 'three points and £60' affair - by going to court you risk this being increased; HOWEVER, if you put a suit on, make sure you look tidy when you turn up, and stick to the paragraph above, you'll probably be OK... THE ONE THING YOU WILL HAVE TO INCLUDE THOUGH IS AN EXPLANATION THAT YOU ARE CONCERNED ABOUT THREE OR MORE POINTS CAUSING A REVOCATION DUE TO 'TOTTING-UP' AND THE NEW DRIVERS ACT...

    I would guess if you stick to all that you'll either get a) a fine on its own, or b) a fine and two points.

    The reason why I stress that bit about totting-up and the New Drivers Act is becaue I've been bitten by it...

    One night a while ago I was travelling from Bolton down to South Wales, and after using A-roads to dodge standing traffic on the M6 which ran pretty much from Manchester to Birmingham (due to numerous road-works and accidents etc.); I picked up the M5 in Birmingham. The road was pretty clear and due to the massive delays I'd had already, my heart ruled my head and I squeezed the loud-pedal somewhat harder than I should've. I ended up zipping past an unmarked Volvo at 105.54mph. Obviously I went to court...

    I tidied myself up, and humbly explained that I wasn't making excuses, and asked for a fitting punishment that wouldn't affect my new job etc. - I even added that I'd learned my lesson each time I got in the car in the four months between being stopped and going to court, I was reminded every time I sat behind the wheel. At that point the magistrate said that she could see I was clearly remorseful, had learned my lesson, and would not therefore disqualify me from driving. I got 6 points and a total of £375 in fine and costs...

    The one thing I didn't know though (and I've definitely learned my stuff now!), was that the points would be applied four months earlier, on the date of the offence (and not the date of the court case). The date of the offence was 23 days inside my probationary two years; and yes, a few days later the DVLA wrote to me to basically say it didn't matter what the court's intentions were, they were having my licence back. I enquired about appealing with the DVLA - there is no chance, the only option you have is with the court. A solicitor told me that if I appealed to the court, they may adjust my sentence (read: points) because their intention was for me to keep my licence, but that process would take longer than just getting a new provisional and taking my test again... So that was my only choice, I had to do both tests again - and I've still got the six points on my licence (although 'totting-up' counts from your FIRST test-pass, so thankfully I'm not in the situation where I've got two years where I can't get a single point)...

    So the moral of the story, make sure the court considers the New Drivers Act before they pass sentence if you do take it to court (which I think you're going to have to if you want to avoid automatic revocation)...

    And finally, if you haven't returned the NIP yet, go through the NIP wizard at http://www.pepipoo.com/ - it might be able to help...

    Good luck and best regards,

    Rob.
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  7. FactionOne
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    FactionOne Administrator Staff Member Administrator

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  8. consilio
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    consilio Up the owls!

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    Get your boss to ask for photo evidence an to identify the driver. If you cant be clearly made out, your boss could say that he does not know who was driving that vehicle at that time.

    I think the company would get a fine for doing this, but at least there would be no points and you could reimburse the company for any fine
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  9. dantdi
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    dantdi ...

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    Man 73 in 70 !!! hardly speeding. Even if are in van. lads at my work do 90 mph + in renault vans going up down from dover to liverpool.
    Hope it all works out for you
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  10. AndyMac
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    AndyMac Moderator Staff Member Moderator

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    If your boss does not tell the authorities who was driving then whoever is the registered keeper of the vehicle will receive the 3 points instead. There is no way of avoiding the points, only passing them to someone else. They will then receive 3 points for failure to supply info, rather than speeding.
    The "can't remember who was driving" excuse is obviously not valid, otherwise everyone would be doing it. The 14 day period for sending the NIP does not apply as it's a company vehicle.
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  11. unkle
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    unkle Beer God

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    Its a long shot, if your company employs any foreign workers with an EU license might be worth seeing if they would take the blame for a bit of wonga...
    #11
  12. quattrojames
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    quattrojames Moderator Staff Member Moderator

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    Keep the illegal excuses coming in a public forum lads ...... lol
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  13. voorhees
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    voorhees Moderator Staff Member Moderator

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    I know someone who was caught at 109mph and had nine points on his license already but paid for a solicitor to avoid a ban and he did.
    Its not illegal its just bending the law to your needs
    #13
  14. AndyMac
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    AndyMac Moderator Staff Member Moderator

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    Yes, because it's so easy to track someone down by their username!
    #14
  15. quattrojames
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    quattrojames Moderator Staff Member Moderator

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    My comment wasn't aimed at you Andy.

    Absolutely, money well spent!
    #15

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