E90Post
 


 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > UK > UK Off-Topic Discussions > What happens?



Reply
 
Thread Tools Search this Thread
      07-16-2008, 01:16 PM   #1
G33
Colonel
91
Rep
2,079
Posts

Drives: 335i
Join Date: Jun 2007
Location: London

iTrader: (0)

Exclamation What happens?

Hypothetically speaking what happens when you are flashed by a camera at 41mph in a 30 zone? also assuming there is photographic evidence of the driver...

I wud be grateful to hear your responses. thanks
Appreciate 0
      07-16-2008, 01:18 PM   #2
dxb335d
The Tarmac Terrorist
dxb335d's Avatar
England
949
Rep
29,345
Posts

Drives: 997.2 GT3
Join Date: Mar 2007
Location: ''Fandango Towers''

iTrader: (3)

Garage List
If you got flashed by a gatso, from head on. Then it was on the other side of the road and you will not get done. Ive been flashed 3 times over the years like this.
__________________
997.2 GT3
Appreciate 0
      07-16-2008, 01:35 PM   #3
willhollin
Major General
willhollin's Avatar
England
268
Rep
9,915
Posts

Drives: VW T5
Join Date: Apr 2008
Location: Worcestershire

iTrader: (1)

Garage List
Hefty fine and 6 points I guess.
Appreciate 0
      07-16-2008, 01:39 PM   #4
dxb335d
The Tarmac Terrorist
dxb335d's Avatar
England
949
Rep
29,345
Posts

Drives: 997.2 GT3
Join Date: Mar 2007
Location: ''Fandango Towers''

iTrader: (3)

Garage List
Quote:
Originally Posted by willhollin View Post
Hefty fine and 6 points I guess.
Will that sounds a bit harsh. If it was a gatso and flashed him from behind i would imagine for 41 in a 30 it would be 3 points and 60squid fine.
__________________
997.2 GT3
Appreciate 0
      07-16-2008, 01:47 PM   #5
willhollin
Major General
willhollin's Avatar
England
268
Rep
9,915
Posts

Drives: VW T5
Join Date: Apr 2008
Location: Worcestershire

iTrader: (1)

Garage List
Quote:
Originally Posted by dxb335d View Post
Will that sounds a bit harsh. If it was a gatso and flashed him from behind i would imagine for 41 in a 30 it would be 3 points and 60squid fine.

Yeah probably, suppose it depends which area of the country you are in.

Found this site -

http://www.speed-trap.co.uk/Accused_...eedVSFines.htm

You could do up to 49mph without going to court in a 30mph zone, may as well do it properly!
Appreciate 0
      07-16-2008, 02:09 PM   #6
Porscha!
Should be on www.retrorides.com
United Kingdom
95
Rep
3,573
Posts

Drives: Porsche 944
Join Date: Apr 2008
Location: Derbyshire

iTrader: (0)

Garage List
3 points / £60.
__________________
"FIRE UP THA PORRSCHAAH" - The 80's are back!

Front Engined Porsche
Appreciate 0
      07-16-2008, 02:18 PM   #7
SoYank
Major General
SoYank's Avatar
United_States
571
Rep
7,519
Posts

Drives: 2009 E90 335i MT
Join Date: Mar 2006
Location: Vinton, Virginia

iTrader: (1)

Garage List
Quote:
Originally Posted by dxb335d View Post
Will that sounds a bit harsh. If it was a gatso and flashed him from behind i would imagine for 41 in a 30 it would be 3 points and 60squid fine.
Would that be fresh or deep fried?
__________________
2009 E90 335i Montego Blue · Black Leather · Burl Walnut · 6MT · US Spec
SatNav • ZPP • ZCW • 6FL • TPMS • iDrive • PDC • HWS • Xenons • BMW Assist • Power Rear Sunshade • Logic 7
European Taillights • Rear Foglamp • OEM Alarm • PicoTray • DataToys XM-DVR • Multi-view Processor
Quaife ATB LSD • Short Shift Knob • Hartge Anti-Roll Bars • AP Racing Front Brakes • 19" Style 269
Appreciate 0
      07-16-2008, 02:52 PM   #8
G33
Colonel
91
Rep
2,079
Posts

Drives: 335i
Join Date: Jun 2007
Location: London

iTrader: (0)

in this hyperthetical case it was a truvelo so it would have photographic evidence of the driver if it went to court.

what if i throw into the mix that the driver does not have a UK license and the car was not UK registered? so points are definitely out of the question, but what about the £60fine? is it payable, will the fine be more?

Rumour also has it that the UK police do not have authority to access vehicle license details from anywhere else but the UK... so is this a crime if they have details of the 'alleged' driver?
Appreciate 0
      07-16-2008, 06:02 PM   #9
NFS
Major General
NFS's Avatar
United Kingdom
275
Rep
9,218
Posts

Drives: M340i
Join Date: Jul 2006
Location: UK

iTrader: (0)

Quote:
Originally Posted by G33 View Post
in this hyperthetical case it was a truvelo so it would have photographic evidence of the driver if it went to court.

what if i throw into the mix that the driver does not have a UK license and the car was not UK registered? so points are definitely out of the question, but what about the £60fine? is it payable, will the fine be more?

Rumour also has it that the UK police do not have authority to access vehicle license details from anywhere else but the UK... so is this a crime if they have details of the 'alleged' driver?
Was the hypothetical driver near the triple white line road markings immediately in front of the Truvelo when it flashed?

http://www.truvelouk.com/speedmeasurement.phtml

If not then the flash may have been a 'dummy' or not aimed at him:

http://www.truvelouk.com/intelligentflash.phtml

If the driver was 'caught' but the car is not UK registered then it seems that it is unlikely that it will be pursued, because it is too difficult to trace the driver:

http://www.honestjohn.co.uk/faq/faq.htm?id=97

http://www.telegraph.co.uk/motoring/...9/mfine129.xml

In any event - police have 14 days (starting the day after the offence) to get a NIP (notice of offending prosecution) to the registered keeper of the vehicle. If they fail to do this then it's all over.
Appreciate 0
      07-16-2008, 06:47 PM   #10
G33
Colonel
91
Rep
2,079
Posts

Drives: 335i
Join Date: Jun 2007
Location: London

iTrader: (0)

Quote:
Originally Posted by NFS View Post
Was the hypothetical driver near the triple white line road markings immediately in front of the Truvelo when it flashed?

http://www.truvelouk.com/speedmeasurement.phtml

If not then the flash may have been a 'dummy' or not aimed at him:

http://www.truvelouk.com/intelligentflash.phtml

If the driver was 'caught' but the car is not UK registered then it seems that it is unlikely that it will be pursued, because it is too difficult to trace the driver:

http://www.honestjohn.co.uk/faq/faq.htm?id=97

http://www.telegraph.co.uk/motoring/...9/mfine129.xml

In any event - police have 14 days (starting the day after the offence) to get a NIP (notice of offending prosecution) to the registered keeper of the vehicle. If they fail to do this then it's all over.

HI needforspeed

Not sure, but i can imagine that the driver was close to the white lines to trigger the flash at some speed of approach. no other cars were in front or behind.

Driver has recieved a Notice of Intended Prosecution requiring details of driver. stating that if it goes to court their is photogrpahic evidence. also received within the 14days..
Appreciate 0
      07-17-2008, 03:02 AM   #11
NFS
Major General
NFS's Avatar
United Kingdom
275
Rep
9,218
Posts

Drives: M340i
Join Date: Jul 2006
Location: UK

iTrader: (0)

Quote:
Originally Posted by G33 View Post
HI needforspeed

Not sure, but i can imagine that the driver was close to the white lines to trigger the flash at some speed of approach. no other cars were in front or behind.

Driver has recieved a Notice of Intended Prosecution requiring details of driver. stating that if it goes to court their is photographic evidence. also received within the 14days..
If a NIP has been received then we can assume the camera caught him and that their was an 'offence'.

The NIP has to reach the registered keeper. Presumably that is the driver, so we can also assume that the police were able to trace the car regardless of it having been registered outside the UK.

The registered keeper is obliged by law to state who was driving the vehicle at the time of the offence and the driver will then receive an 'offer' of a £60 fixed penalty notice and three points as the speed limit was not exceeded by sufficient amount to warrant a court appearance.

This web site has more info, but it sounds as if your man will have to suck up and pay the fine.

http://www.pepipoo.com/NIP.htm
Appreciate 0
      07-17-2008, 04:01 AM   #12
booforty
Major General
booforty's Avatar
United Kingdom
337
Rep
8,811
Posts

Drives: E92 M3
Join Date: Mar 2005
Location: London, UK

iTrader: (0)

Garage List
2008 E92 M3  [0.00]
Have a look at these:

http://www.lawontheweb.co.uk/crimertosign.htm

http://www.pepipoo.com/NIP.htm
Appreciate 0
      07-24-2008, 04:28 PM   #13
beemerbird
Major General
beemerbird's Avatar
England
172
Rep
7,953
Posts

Drives: Merc diesel
Join Date: Oct 2007
Location: Yorkshire

iTrader: (0)

Garage List
Any more news on the hypothetical situation then?

Got my 'punishment' through for my 90 mph on the M4. Got off lightly imo. 3 points £60 fine.
Appreciate 0
      07-24-2008, 04:35 PM   #14
dxb335d
The Tarmac Terrorist
dxb335d's Avatar
England
949
Rep
29,345
Posts

Drives: 997.2 GT3
Join Date: Mar 2007
Location: ''Fandango Towers''

iTrader: (3)

Garage List
did it go to court helen?

How did they get you?
__________________
997.2 GT3
Appreciate 0
      07-24-2008, 04:45 PM   #15
beemerbird
Major General
beemerbird's Avatar
England
172
Rep
7,953
Posts

Drives: Merc diesel
Join Date: Oct 2007
Location: Yorkshire

iTrader: (0)

Garage List
No court appearance Carlos. I received the NIP which they said was backed up by photographic evidence. I requested the evidence. Yep, 2 very clear piccies of moi in the outside lane etc. Completed the form and put in a short semi-grovelling letter thanking them for dealing with my request for the photographic evidence quickly. Then offer of fixed penalty arrives. Given chance to go to court if I didn't agree - piccies told the story.

Was a copper with hand held device on a bridge. Bloody good photos though ie. clear. Was expecting it to be worse in all honesty, so shouldn't complain! Bye, bye clean licence for a while eh.
Appreciate 0
      07-24-2008, 04:50 PM   #16
dxb335d
The Tarmac Terrorist
dxb335d's Avatar
England
949
Rep
29,345
Posts

Drives: 997.2 GT3
Join Date: Mar 2007
Location: ''Fandango Towers''

iTrader: (3)

Garage List
hand held device? i assume a cop car then tugged you?
__________________
997.2 GT3
Appreciate 0
      07-24-2008, 04:52 PM   #17
I335
Brigadier General
I335's Avatar
123
Rep
4,249
Posts

Drives: '08 335i Coupe
Join Date: Jan 2008
Location: New England

iTrader: (11)

Quote:
Originally Posted by G33 View Post
Hypothetically speaking what happens when you are flashed by a camera at 41mph in a 30 zone? also assuming there is photographic evidence of the driver...

I wud be grateful to hear your responses. thanks
You post the great rolling pic here on the board for all to see!
Appreciate 0
      07-24-2008, 04:55 PM   #18
beemerbird
Major General
beemerbird's Avatar
England
172
Rep
7,953
Posts

Drives: Merc diesel
Join Date: Oct 2007
Location: Yorkshire

iTrader: (0)

Garage List
Quote:
Originally Posted by dxb335d View Post
hand held device? i assume a cop car then tugged you?
No Carlos, no need to. The photographic evidence does the 'tugging'. Technology at its best or worst depending on your point of view.

Best of it was, I was in a courtesy car from OPC Leeds.
Appreciate 0
      07-24-2008, 04:58 PM   #19
mikem
Lieutenant Colonel
83
Rep
1,557
Posts

Drives: Z4M
Join Date: Oct 2006
Location: Somewhere

iTrader: (0)

Provided "they`ve" responded adequately to the NIP, ie. Not failing to identify the driver. They have 6mths to bring the case to court if an offer of fixed penalty isn`t accepted. After this time, it "times out" and no prosecution can be brought.

As an example, somebodies car was photographed above the speed limit but for the life of them they couldn`t remember who was driving.

If they go this route, they should first offer names of potential drivers and an explanation as to what they`re doing to determine who the driver was along with a request to extend the 28 day period (this should be enough to avoid "failing to identify the driver")obviously this should be sent as close to the end of the 28 days as possible. Then its just a case of repeating the above in slightly different ways, `till your past the 6 mth stage.

Some form of reasonable diligence in keeping track of who was driving, ie mileage logs, credit card staements for filling up etc might be needed later on but if you make a point of telling them you have them and are more than happy to provide copies to them/the courts in the first instance, experience shows they wont be asked for.

Most people take it on the chin and they rely on people doing that, so often when theres a few hurdles they don`t persue it unless there`s an easy case for failing to identify, etc.

It`s common for them to threaten with photographic evidence that can be viewed at your local office but use that threat to your advantage, tell them the next day you have off is in 8 weeks time and you need an extension `till then, to insure the right person is named as the driver. This is much safer than asking them to send the photo.

Just play them at their own game and make the reasons plausible, sorry to waffle on a bit.
Appreciate 0
      07-24-2008, 05:03 PM   #20
beemerbird
Major General
beemerbird's Avatar
England
172
Rep
7,953
Posts

Drives: Merc diesel
Join Date: Oct 2007
Location: Yorkshire

iTrader: (0)

Garage List
Mike, the photos. I received clearly show my face plain as day and the OPC at Leeds had given them my details ie. the car had been hired out to me on that day etc. Had a word with my solicitor when the photos arrived. He said "banged to rights then"

Good points you've made though on dragging it out. Definately worth a try.
Appreciate 0
      07-24-2008, 05:06 PM   #21
dxb335d
The Tarmac Terrorist
dxb335d's Avatar
England
949
Rep
29,345
Posts

Drives: 997.2 GT3
Join Date: Mar 2007
Location: ''Fandango Towers''

iTrader: (3)

Garage List
Quote:
Originally Posted by beemerbird View Post
No Carlos, no need to. The photographic evidence does the 'tugging'. Technology at its best or worst depending on your point of view.

Best of it was, I was in a courtesy car from OPC Leeds.
so it was a van helen? did you see them as you approached?
__________________
997.2 GT3
Appreciate 0
      07-24-2008, 05:11 PM   #22
mikem
Lieutenant Colonel
83
Rep
1,557
Posts

Drives: Z4M
Join Date: Oct 2006
Location: Somewhere

iTrader: (0)

Quote:
Originally Posted by beemerbird View Post
Mike, the photos. I received clearly show my face plain as day and the OPC at Leeds had given them my details ie. the car had been hired out to me on that day etc. Had a word with my solicitor when the photos arrived. He said "banged to rights then"

Good points you've made though on dragging it out. Definately worth a try.

Your snookered from day 1 if the cars not registered to you as someone else ie. the owner/keeper is identifying you as the driver, its then down to you to prove you weren`t driving and with a smiley snap of you sitting behind the wheel you`d need a brave brief to take it on. Maybe you have an identical twin who`s just moved to outer Mongolia to become a Melon farmer and taken a vow of silence ?
Appreciate 0
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 01:44 PM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST