Frequently Asked Questions
1. What speed enforcement threshold do you apply?
In the document "Speed Enforcement Guidelines: Joining Forces for Safer Roads" (2000), the Association of Chief Police Officers (ACPO) issued national guidelines upon speed enforcement thresholds.
"The guidance to police officers is that it is anticipated that, other than in the most exceptional circumstances, the issue of fixed penalty notices and summonses is likely to be the minimum appropriate enforcement action as soon as the speeds in the table below have been reached."
This means that there is official leeway given to motorists exceeding the speed limit— 10% + 2mph over the posted speed limit. All Partnerships have a commitment to reach these threshold enforcement limits. NO Partnership area enforces below these limits. These enforcement guidelines are there to make sure people don’t drive around looking at their speedometer instead of concentrating on the road.
|Limit (mph)||Fixed Penalty (mph)||Immediate Summons (mph)|
|Fixed Penalty of:
||Magisterial discretion (level 2) maximum of:
2. What happens if I return the Notice of Intended Prosecution unsigned?
The law requires that the Notice of Intended Prosecution must be signed. If you return the NIP unsigned you could be summoned to court for failing to give driver details.
3. What happens if I ignore the Notice of Intended Prosecution?
If you do not respond to the Notice of Intended Prosecution, you may be prosecuted for failure to provide details of the driver. You may also be visited by a police officer who will ask you why you have not responded to the notice.
4. I was not notified of the offence within the statutory period…
Whilst a Notice of Intended Prosecution must be posted to the last known address of the registered keeper of the vehicle within 14 days of the date of the alleged offence, you may have received this document after 14 days. This does not invalidate the notice as this might mean either:
- You are the registered keeper of the vehicle but have not updated your current vehicle details with the Driver and Vehicle Licensing Agency (DVLA); or
- The registered keeper of the vehicle has nominated you as the driver at the time of the alleged offence.
5. What happens if I am unable to identify the driver?
If you are the registered keeper of the vehicle you are legally required to supply details to identify the driver at the time of the alleged offence. It is your responsibility to know at all times who is using your vehicle.
If you have been nominated as the owner/hirer/driver of the vehicle, it means that the registered keeper of the vehicle has stated you were using the vehicle at the time of the alleged offence. Failure to supply the appropriate details as required on the notice of intended prosecution may render you liable for prosecution under Section 172 of the Road Traffic Act 1988.
6. There were no repeater signs to tell me it was a 30mph limit…
Where there is a system of street lighting, the law does not allow the Highways Authority to use 30 mph repeater signs. The only exception to this is roads where there is no system of street lighting, for example on rural roads. On all roads with a posted speed limit of 40 mph and above, the Highways Authority has a legal requirement to place speed limit repeater signs at regular intervals. All roads in the West Midlands region are designed to meet the minimum legal signing requirements.
7. I couldn't see the camera…
The visibility of a camera makes no difference to the validity of an offence. For a prosecution to take place there are only two requirements; that the correct speed limit signage is in place; and there is evidence to show an offence has been committed.
8. What happens if I contest whether an offence has been committed?
A court summons will be issued to you and the court will consider all the facts of the case including any comments and submissions you wish to make.
9. If I wish to pay the penalty, what is the fine and how many points will be placed on my driving licence?
The standard fine is £100 plus and endorsement of 3 on your driving licence. The payment must be made in full, as the court cannot accept payment by instalments. Payment can be made by cheque or postal order or you can supply your debit/credit card details. Payments must always be accompanied with a current UK driving licence.
10. I do not have a British driving licence; what do I do now?
If you have been issued with a European Community driving licence, you can apply to the Driver and Vehicle Licensing Agency (DVLA) for a British counterpart by using a D9 form available from DVLA. This will enable payment and endorsement of the counterpart. No other international driving licences or permits can be endorsed and therefore do not meet the criteria specified by the fixed penalty procedure. The matter will therefore have to be heard at court.
11. What happens if I was the driver of the vehicle but have lost my driving licence?
You have 28 days to respond to the notice of intended prosecution and should contact DVLA immediately for a replacement driving licence.
12. What happens if the driver has gone back to his/her native country?
If you have nominated a driver from abroad you will be contacted by a police officer to provide proof of insurance cover allowing your visitor to drive your vehicle.
13. Instead of a fixed penalty, can I be offered a training course?
West Midlands Police now in some circumstances offer speed awareness courses as an educational alternative to prosecution. The courses are offered by the police to individuals subject to a specific eligibility criteria.
14. Can I appeal against a Notice of Intended Prosecution?
You have the right to challenge the offence or to plead mitigating circumstances. The only way you can do this is by choosing to have your case heard by a Magistrates Court. The opportunity will be given for you to explain in writing, without necessarily having to attend court. Remember, Magistrates have the power to increase the fine and points, if they see fit, and you may have to pay court costs. The Central Ticket Office cannot and will not enter into correspondence relating to drivers wanting to contest an offence.