How are speed limits changed by vehicle weight? (1 Viewer)

[Traveller_HA5_3DOM]

If you were to indicate to the speed enforcement dept. when your fine arrived in the post that you intend to contest the facts as stated it would not be pursued by the Crown Prosecution Service because it is a matter for the courts to interpret i.e. not cut and dry and they cannot afford to represent cases in court that fall into that category unless it is of a serious nature.
If you just pay your fine you are accepting you are guilty as alleged by a machine and an admin clerk.
It does seem that particularly on the continent in countries where they are strapped for cash, the police are being made responsible for raising as much cash in petty interpretations of motoring offences as possible. It is amazing what you can get away with if you write out a receipt for the cash you collect.

 

[Silver-Fox]

Just as a side issue re weights etc

From what I understand once you hit a certain age you have to have a medical to continue driving that Wright category

Surrey as the retirement age rises so should this age induced medical

 

[Patcherelli]

If you were to indicate to the speed enforcement dept. when your fine arrived in the post that you intend to contest the facts as stated it would not be pursued by the Crown Prosecution Service because it is a matter for the courts to interpret i.e. not cut and dry and they cannot afford to represent cases in court that fall into that category unless it is of a serious nature.
If you just pay your fine you are accepting you are guilty as alleged by a machine and an admin clerk.
It does seem that particularly on the continent in countries where they are strapped for cash, the police are being made responsible for raising as much cash in petty interpretations of motoring offences as possible. It is amazing what you can get away with if you write out a receipt for the cash you collect.

Quick point
CPS dont prosecute traffic.
Also experience tells me not to rely on that ethos because if you happen to hit a slack period or an admin clerk/ solicitor with a bee in their bonnet they might just run with it and you end up in court.
Europe is interesting. Each country is different. But generally traffic violations arent seen as illegal. More sort of breaking the rules. As a result the courts arent concerned. It is just a revenue machine.

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[Traveller_HA5_3DOM]

Thanks for that Patcherelli,
I was unaware that the trial of this in the 9 police forces that had tried out the idea that the police could prosecute cases that were NOT contested https://www.gov.uk/government/polic...tion/supporting-pages/police-led-prosecutions had been extended to cases that were contested.
Please indicate when this changed to the 43 police forces in England and Wales and the fact that contested cases could be prosecuted by the Police
This issue is clearly one that has interpretations based not on the legislation as written but on points of view and if you were to indicate your intention to challenge the case it, my opinion is that there would not be the degree of certainty of a successful conviction to warrant the engagement of solicitors or indeed barristers to proceed, taking into account the degree of revenue likely to be raised by the fines.
I think you do admin clerks and the junior solicitors at the CPS who often end up with these cases on their desk an injustice if you think having a bad day results in the professional decisions they take.

The Civil servants at the Home Office did offer their opinion in the replies to UKmotorhomes.net, but in law that is worth no more than the opinion of anyone else. It would need the high court to create a stated case for it to have relevance and as the man from the Home Office put it, they are unaware of the legislation creating a problem so it cannot be in the public interest to seek further clarification.

 

[dna]

So, a motor home on a Ford Transit base can have the higher speed limits if it comes under the 3.05t unlaiden limit but a Transit van (on the same running gear) has the lower limits? And that is still true if the motorhome has a higher maximum laiden weight? How do these laws get drawn up?

 

[DanielFord]

So, a motor home on a Ford Transit base can have the higher speed limits if it comes under the 3.05t unlaiden limit but a Transit van (on the same running gear) has the lower limits? And that is still true if the motorhome has a higher maximum laiden weight?

That is my understanding, yes!

How do these laws get drawn up?

Well, Emporer's run Empires, Kings run Kingdoms, Countries are run by ..........

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[gus-lopez]

So, a motor home on a Ford Transit base can have the higher speed limits if it comes under the 3.05t unlaiden limit but a Transit van (on the same running gear) has the lower limits? And that is still true if the motorhome has a higher maximum laiden weight? How do these laws get drawn up?

Yes ,correct & as danielford said they are invented by...............


& off topic but of interest the EU have created many rules but they have given no thought as to how they all interact :
complete half-wits.

 

[JeanLuc]

Yes ,correct & as danielford said they are invented by...............


& off topic but of interest the EU have created many rules but they have given no thought as to how they all interact :
complete half-wits.

I am afraid this is nothing to do with the EU. The odd 3.05 tonne ULW speed allowance for motorhomes is a UK peculiarity. Most, if not all other EU countries apply a much more sensible GVW threshold. So, for example, if you are in France and the GVW is plated at more than 3.5 tonnes, you have to abide by lower speed limits.
I once pointed this out to DfT a few years ago when replying to a consultation on proposed lower speed and lane usage limits on motorways (heavier motorhomes would have been restricted to 60 mph and not allowed to use lane 3). The speed limit proposal was scrapped but I did get a reply acknowledging that almost no motorhomer would know their ULW and that GVW would be a more sensible criterion for speed restrictions. DfT said the matter would be investigated but I guess that got forgotten too.

 

[Patcherelli]

Thanks for that Patcherelli,
I was unaware that the trial of this in the 9 police forces that had tried out the idea that the police could prosecute cases that were NOT contested https://www.gov.uk/government/polic...tion/supporting-pages/police-led-prosecutions had been extended to cases that were contested.
Please indicate when this changed to the 43 police forces in England and Wales and the fact that contested cases could be prosecuted by the Police
This issue is clearly one that has interpretations based not on the legislation as written but on points of view and if you were to indicate your intention to challenge the case it, my opinion is that there would not be the degree of certainty of a successful conviction to warrant the engagement of solicitors or indeed barristers to proceed, taking into account the degree of revenue likely to be raised by the fines.
I think you do admin clerks and the junior solicitors at the CPS who often end up with these cases on their desk an injustice if you think having a bad day results in the professional decisions they take.

The Civil servants at the Home Office did offer their opinion in the replies to UKmotorhomes.net, but in law that is worth no more than the opinion of anyone else. It would need the high court to create a stated case for it to have relevance and as the man from the Home Office put it, they are unaware of the legislation creating a problem so it cannot be in the public interest to seek further clarification.

I did say in my experience.

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