If I've Been Caught Speeding
What happens if I get caught speeding?
Drivers or registered keepers of vehicles photographed by safety cameras exceeding the speed limit will receive a notice of intended prosecution through the mail within 14 days of the alleged offence. In most instances, as an alternative to prosecution, you will be offered a Conditional Offer of Fixed Penalty Notice of £100 and three penalty points endorsed on your licence. This penalty must be paid within 28 days of the Conditional Offer of Fixed Penalty Notice being issued.
It is not possible to pay a higher fine to avoid the penalty points. If your speed is above certain limits you may be prosecuted in court where you will be fined and have your driving licence endorsed, or you may be disqualified from driving.
A total of 12 penalty points on your licence within three years means that you will have to appear in court and you will be disqualified from driving for a minimum of six months. You are able to argue against disqualification if you feel you can establish mitigating circumstances.
In Scotland, the necessity to drive in order to do your job is not regarded as mitigating circumstances.
If you are a new driver and you accumulate six penalty points or more within two years of passing your test, your driving licence will be revoked by DVLA Swansea and you will have to re-take both the theory and practical test.
How long will the penalty points stay on my licence?
Penalty points are valid for a period of three years but cannot be removed from your licence until after four years.
How do I pay?
You must follow the instructions set out in the letter you receive.
Can I pay a bigger fine and avoid the points on my licence?
No. The Conditional Offer of Fixed Penalty Notice is a prescribed alternative to prosecution. The level of monetary penalty and the points are both fixed by legislation. The choice is to accept or reject the Conditional Offer of Fixed Penalty in its entirety or not.
Will I always receive a Fixed Penalty?
In the majority of cases yes. But remember if your speed is above certain limits you will not be offered a fixed penalty. In these instances you face prosecution in Court where you may be fined and have your driving licence endorsed or even be disqualified from driving. If this happens you will receive a summons from the Procurator Fiscal of the Court in the area where the offence is alleged to have occurred.
What happens if I ignore the first letter from the Police?
Failure to respond within 28 days will result in your case being passed to the Procurator Fiscal for failure to provide the required information. If you fail to respond or if you attempt to give false information you will be prosecuted.
What happens if I ignore the Conditional Offer?
You will be prosecuted in the District Court, where the penalties are much higher than a conditional offer. A maximum fine of £1000 and an endorsement of 3 to 6 penalty points may be imposed.
I've been sent a Notice of Intended Prosecution that says I was speeding. How do I know the camera has recorded the proper speed as I've read in some national newspapers that camera systems can be fooled into recording false speeds?
All speed and red light camera systems used in Scotland, including Gatso, Prolaser and the LTI 20.20 is Home Office type-approved for court purposes. Before any such equipment is approved, it is subjected to rigorous field and laboratory testing to ensure accuracy and reliability.
Very specific guidance and training is given to officers using such devices and information on how the devices should be used is freely available on the ACPO website.
A number of different speed detection devices are used in Scotland to great effect dealing with motorists who continue to disregard speed limits, placing themselves and other road users at risk.
ACPOS continues to support the use of all Home Office approved speed detection devices.
The ACPO website can be accessed at www.acpo.police.uk
I wasn't driving the vehicle. What should I do next?
As the registered owner of the vehicle you will be required to provide information as to the identity of the driver at the time of the alleged offence. You must respond to this requirement within 28 days of receiving the notice. This is YOUR responsibility as the registered keeper of the vehicle. The police may also make this requirement of any other person they believe may have such information.
Registered keepers of vehicles have a duty to know at all times who had use of their vehicle. Companies and fleet vehicle users should keep a log of who is using their vehicles at any time and be incorporating this into their Management of Occupational Road Risk Strategy as part of their commitment to Health & Safety at Work.
If in doubt, contact the police camera enforcement unit which issued the Notice to discuss the circumstances. Failure to respond to the requirement to identify a driver will result in further action being taken.
What if the address on my driving licence is not correct?
If you have changed address it is YOUR responsibility to notify the Driver and Vehicle Licensing Agency (DVLA) of the change - failure to do so is an offence.
However, the penalty points will be put onto your licence AS IT IS and your licence returned to you. You should then complete and sign the change of address section on your licence and send it to DVLA Swansea who will update their records.
DVLA now only issue photo card licences. If you already have one, DVLA will send you a replacement showing your new address. If you have an old style paper licence, they will send you an information pack and you will have to complete and return the documentation, together with photographs and proof of identity, before receiving your new licence.
If you sell your vehicle you must notify DVLA of the sale and you are strongly advised to keep a record of when and to whom you sold it, particularly if it was a private sale.
Can I see the photographic evidence?
You can request photographic evidence. This may involve you having to visit the place where the detection is being processed.