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andycupra

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I fail to see why they have a case. I passed a mobile van at 80+ when overtaking but as I slowed down when I was out of danger I wasn't breaking the law. Gift cops if they do you for this. I would imagine the PF will throw it out.

you are joking right? what part of 80mph+ is not breaking the law?

i think you are confusing taking action in an emergency with something you willingly did.
An interesting defence, "you cant do me for speeding if im on the wrong side of the road"..

For those of you arguing that you can go as fast as you like to overtake, you are completely wrong. FACT.
If you could go as fast as you liked when overtaking, technically you could go as fast as you liked on lanes 2or3 on a motorway right? - of course not.

But i do accept that it would be difficult for them to have assertained his actual speed, to say it went from 55 to 84 in a few seconds is not something they can do in a moving unmarked car. The best i understand is they can calculate an average speed over a distance such a 3/10ths of a mile.

But then its also possible for 2 qualified police members to state in their expert opinion a car is breaking the limit is it not?

oh and PS.
Its scary how many people dont appear to understand speed limits.
national speed limit on a car is 60 on single carriageway. and 70 on dual carriageway.
(and to clarify, as i understand it dual carriageway means having a central reservation).

while im on this subject, those of you moaning about lorries doing 40 on national speed limited single carriagway roads that is the speed limit for HGVs!
 
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Rick1.8t

Full Member
Feb 18, 2006
150
0
But then its also possible for 2 qualified police members to state in their expert opinion a car is breaking the limit is it not?

True - when i spoke to a solicitor he confirmed this, if sufficiently qualified their expert opinion is sufficient as evidence in court.

Its not about pleading guilty etc - its not a criminal charge its a road traffic offence, you either accept the charge or challenge it - always best accepting unless you have already recieved legal advice stating otherwise.

I think you will be fine Rob (as in wont loose liscence) - A fine and points most likely so long as you need to drive for your living.

And yes, i cant remember the date but i think they have upto 6 months to send the court letter through, mine arrived after around 5 months and a week so you likely have a long wait ahead.

Rick
 

digimac

Newbie
Jul 27, 2004
99
0
Edinburgh
www.fusionburn.co.uk
Yes, dual carriageway going past Edinburgh airport. The showed me my speed on their equipment in the car on a handheld thingy, not on video.

Hey Rob, sorry to hear about getting caught speeding, hopefully it will all work out.

BTW I am pretty sure that stretch or road is a 70 limit, then it drops to a 40mph zone at the Edinburgh end and the Ratho / Newbridge end. I think the bit in between is unlimited, so 70mph as it is a dual carriageway.
 

RobDon

Pro Detailer
Yeah it was the long straight bit going past the airport/ingliston where it happened. The officer said it was a 60mph bit of road when in actual fact it is 70mph - wonder if that would count against them?

We'll wait and see when the letter arrives.
 

seat_lion

Active Member
Oct 26, 2006
174
0
Edinburgh, Scotland
apparently a dual carriageway with a central reservation and street lights is 60 MPH, I was always told that part of the road was a 60 but then everybody normally does 70mph
 

andycupra

status subject to change
apparently a dual carriageway with a central reservation and street lights is 60 MPH, I was always told that part of the road was a 60 but then everybody normally does 70mph

wrong.

forget street lights, - this only applies to the rules regarding built up areas and street lights.
That is to say that national speed limit areas and 30 mph area do not have to display the small repeater signs you see on lamp post etc. The rule then being that if you do not see a sign telling you the speed limit and there are street lights then you must assume it is a 30mph limit.

Street lights have nothing to do with dual carriageways or changing limits from 70 to 60. This is incorrect.

dual carriageways that are national speed limited are:
70mph for CARS
60 for VANS
although there are differences on the weight limits of the vehicles...
i think it might be 50mph for HGV but im not sure.

PS - you also say a dual carriageway with a central reservation... erm if its not got a central reservation then its not a dual carriageway..
 

andycupra

status subject to change
Yeah it was the long straight bit going past the airport/ingliston where it happened. The officer said it was a 60mph bit of road when in actual fact it is 70mph - wonder if that would count against them?

We'll wait and see when the letter arrives.

this is an interesting point.

Some people have got off in the past for errors on reports, while in other cases such as this the judge notes the error but states that the error does not disolve the assused of an offence.

In your case it doesnt changethe fact that you were speeding and so would likely just be noted rather than be able to throw the case out.
However it may mean that the police will need to turn up to court if you dont plead guilty by post and there is always the chance they dont turn up. (it does happen and people get off from time to time).

One important note though, it that i would certainly go to court for no other reason than being able to point this out as it fundamentally changes the potential punishment, 84 in a 70 is 3 points all day long.
84 in a 60 or 50.... would be much more.

Might be worth taking some pics in case the speed limit changes between now and the court case
 

andycupra

status subject to change
http://g.co/maps/zqryq

I'd say that's 70, rather than 60 - I wonder if the lack of a central reservation makes a difference?

The existance, or lack of a central reservation makes ALL the difference.

It is the existance of a central reservation that means its a dual carriageway.
It is common that people asume the word 'dual' refers to 2 lanes in each direction, when in fact it refers to the two directions of traffic being seperated by a central reservation, so you have two sperarate (or 'dual') carriageways.
If there is no central reservation, no matter how many lanes there are its is NOT a dual carriageway.

Examples which may surprise people:
1 lane for each direction WITH a central reservation, = DUAL carriageway.
2 lanes each way, with NO central reservation, = is NOT a dual carriageway.

However, looking at the photo you linked to this IS a dual carraigeway.
To quality as a 'central reservation' there is not need for armco barriers etc. A curb is enough.


The road in that link is a 70mph limit for cars. 100%
(it has a national speed limit repeater sign in the photo and has a central reservation so is a dual carriageway)
 
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m0rk

sarcasm comes free
Staff member
May 19, 2001
27,787
33
Clanfield, UK
Cool, so I can argue that the officers did not even know the correct speed on that road, gives me a little bit of ammo at least.

I'd guess so.

You certainly can't be prosecuted for exceeding a 60mph speedlimit (but then I don't know what they're trying for)
 

grahams81

Active Member
Oct 14, 2010
1,165
6
County Durham
Rob, i got done recently for 94 on a 3 lane motorway, copper was an unmarked Range Rover, not a traffic cop but armed response. 3 points and 60 quid fine.

Cant see you getting anymore than 3points unless he has video footage of you overtaking dangerously, ie swerving out at the last minute etc...
 

RobDon

Pro Detailer
Having just sold my runaround Ibiza yesterday, my Leon is now my only car and will have to be used for everything now, so it's time to get real.

Having 5 Defi gauges is major overkill so I am going to remove them all and sell them, at £160 each they're very expensive so hopefully I can get some good money back for them. My Turbosmart e-boost controller shows live boost so I don't need a separate boost gauge and the Scangauge II shows plenty of info so that's all I need. I may remove and sell the water injection kit too. I may even remove the expensive Yokohama AD08 tyres and sell them to be replaced with regular road tyres.

I have no intentions to ever do any more trackdays or 1/4 mile.
 
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EL

Forever Alive
Mar 17, 2008
2,931
1
Bickley, Bromley
I hear you on this mate, it's lovely doing all these things to the cars but then sometimes reality kicks in and the use of the vehicle changes. I'd personally do the same, get rid of the 'overkill' stuff to make it more enjoyable to drive on a daily basis otherwise you will get really annoyed with it and sell it.
 
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