Jul. 21st, 2005

sobrique: (Default)
Followup on the speeding allegation

The advice I've seen from PePiPoo and Richard Bentley and the Association of British Drivers is this:

I have an absolute defense under section 84 (4) of the Road Traffic act of 1984. (Which sounds good, I'm not 100% sure what it means, but as best I can tell, a legal speed restriction absolutely must comply with signing requirements).

Basically, in order to apply a Endorsable fixed penalty notice (EFPN) using the letter of the law, they also have to comply with the letter of the law. As such, no offence was committed.

I've still not sent back the Notice of Intended Prosecution (NIP). I am intending to do so with a covering letter, explaining the situation. Before I do that though, I've evidence to gather.

Does anyone feel like a short drive through the countryside before the end of the month, and is prepared (if necessary) to act as a witness? Could probably do with taking some video footage of the route too, which is ok, as my phone can (albeit not at very high resolution).

The only minor difficulty being that there's multiple routes through this restriction, and on one of them the signage is correct. So I then have to figure out the situation as regards the burden of proof.
sobrique: (Default)
I dislike speed cameras.
Leaving aside the obvious 'that I got tagged by one', the reasons are these:

* They perpetuate the myth that there's some mystical threshold, at which going faster you suddenly become 'dangerous'. Speed appropriate to conditions. Repeat after me. Speed appropriate to conditions.

* Watching your speedometer because there's a camera coming up means you're not paying attention to the road.

* A few miles an hour over the limit is less dangerous than stamping on the brakes to avoid getting a ticket.

* Automatic tickets transfer the burden of proof onto the hapless motorist. It's an automatic process that on numerous occasions seems to lack basic sanity checking. Guilting until proven innocent is not one of the tenets of our legal system.

* In March, I was assaulted, had a leg broken, and a ligament torn. I'm still not walking especially well. Made a statement, but they 'exhausted their avenues of enquiry'. Is it hard to see how I'm bitter that now some one is making my life complicated by issuing a ticket for doing 48 miles an hour, along a road that until a couple of months ago had a 60 mile an hour limit?

I appreciate that the skills required to investigate an assault case are not the same as the skills require to stick a notice of intended prosecution in an envelope, but somehow it offends me that more effort seems to have gone in to extorting £60 from me than in doing anything at all about the fact that I've had to put up with 6 weeks in a cast, and am still not entirely mobile.

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