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25 July 2008
 
HELP AND ADVICE

Questions and answers relating to receiving a speeding notice:

Why have I received a notice for speeding?
Your notice is in line with a government strategy to make the roads safer. Arrive Alive is a speed reduction initiative, established by the North Wales Road Casualty Reduction Partnership in line with government policy. The measures are in place to help reduce the number of people killed and injured on the roads of North Wales.

I have received a Notice of Intended Prosecution, now what?
Once you have received a Notice, you are obliged as the registered keeper/nominated driver to complete the form. The Central Ticket Office processes this response and in most cases a Conditional Offer is sent. This gives you the opportunity to pay the mandatory penalty, or elect to go to court.

I am the person to whom the form was addressed and was the driver. What happens now?
You need to COMPLETE the relevant sections and SIGN PART 7 on the enclosed notice. Please return the notice to the Central Ticket Office within 28 days. In most cases you will be offered a fixed penalty fine of £60.00 and 3 penalty points on your driving licence
.

I am the person to whom the form was addressed and was the driver, but have lost/mislaid my driving licence. What happens now?
You need to COMPLETE the relevant sectionsand SIGN PART 7 on the enclosed notice. Please return the notice to the Central Ticket Office within 28 days. You also need to apply IMMEDIATELY for a replacement licence. DVLA only issue Photocard Licences. If this is your first application for a photocard licence you must obtain Forms D1 and D750 from a Post Office.

I was not the driver; it was a friend/relative from abroad?
If the person nominated as driving the vehicle at the time of the alleged offence is living abroad, we will ask for proof of insurance details, and/or flight details.

I was not driving the vehicle, and I do not know who was. What do I do next?
The law states that the person who has responsibility for a vehicle at the time of an offence has a duty to name the driver. Either as the owner or nominated person, you have a duty to identify the driver of the vehicle in question. Failure to provide the information will result in the keeper, nominated driver, or company being summonsed.

Are my Human Rights infringed if I respond to this Notice?
No. You are still obliged to provide the information as requested. Failure to do so will result in prosecution.

What happens if I ignore the Notice?
The fixed penalty notice is intended to be a quick and simple system giving the motorist the opportunity to resolve the matter without attending court. Failure to respond will result in your case being passed to the courts for failing to comply. In North Wales the average fine at court for this offence is £148 with 4 penalty points.

What if I go to court?
You have a right to challenge the offence in court. The magistrates will decide on any fine or penalty points to be awarded. Courts have the right to increase any fine or penalty points as they see fit, in addition to court costs being imposed if convicted. The Police have no involvement in the final outcome.

Are the Police really going to waste the court’s time if I ignore this fine?
It is the duty of the Police to bring alleged offences before the courts.

Do I need to submit BOTH parts of my Driving Licence?
If you have a counterpart licence AND an ID Photocard licence then BOTH parts must be submitted together with payment. In the UK both parts constitute a complete licence.

Can I pay by installments?
There is no facility for this; the courts can only arrange it. Card payments can be made.

There were no speed limit signs so how would I know what speed was acceptable?
In this case the most likely answer is that you were in a 30mph area. The Highway Code clearly states that in a built up area with a system of streetlights the speed limit is 30mph unless signed otherwise. The local authority is responsible for signing the highway, but legally cannot place any additional signs reinforcing the speed limit in a 30mph area.

I was unaware of the speed limit.
All drivers must drive within the law, and the limits set. They are a ceiling and not a target.

Who decides where the speed enforcement takes place?
This is decided by a number of bodies e.g. the police, health authorities, and county councils or even by residents through their local representative. All sites are situated in one of the following areas:

- Routes which have a high collision rate
- Outside educational establishments
- Temporary roadworks
- Areas of Community Concern

Are the sites legal?
All sites adhere to current government legislation and Arrive Alive vehicles are situated along the advertised enforcement routes.

Can I have a copy of the calibration certificate?
Due to the nature of mobile enforcement and rotation of fixed cameras, calibration certificates do not automatically relate to a set location, therefore if a particular certificate is required this will be availble as part of the evidence should a case be heard in court. All cameras used by Arrive Alive are Home Office Type Approved, correctly calibrated and operated according to the manufacturers requirements.

My driving licence details are not correct, my name and /or address have changed.
You should apply for a replacement licence AFTER you have dealt with this Notice.

I have a clean driving history, is this taken into consideration?
No, prior driving history/clean licences are not taken into consideration.

How long will the points remain on my driving licence?
Penalty points are valid for a period of three years, but cannot be removed from your driving licence until four years have elapsed. After the four years have elapsed you can apply to DVLA for a replacement licence.

Can I have a higher fine and no penalty points?
No. If you receive a fixed penalty, the fine is set by the government and therefore not negotiable. The penalty set by the government is £60.00 plus three penalty points.

Can I appeal against this Notice?
Yes, this MUST be done in writing and cannot be done over the telephone, however any decision made is final, and any further appeals must be put before a court. Please DO NOT submit your driving licence and payment until a response to your correspondence has been received. An appeal cannot be considered by CTO once the penalty has been complied with.

This is all about raising money?
Fines from offending motorists are used to extend Arrive Alive to other roads in North Wales . It CANNOT be used for anything else. Routes are publicised and signed. Arrive Alive vans and fixed camera sites are all highly visible. Throughout the UK these partnerships have demonstrated that introducing safety cameras at specific locations dramatically reduces the number of people killed and injured on the roads.

   

     


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