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NO PART OF THIS WEBSITE MAY BE DISTRIBUTED, PUBLISHED, COPIED OR MODIFIED FOR ANY PURPOSE, INCLUDING COMMERCIAL PURPOSES, WITHOUT PRIOR WRITTEN CONSENT FROM THE WILTSHIRE & SWINDON SAFETY CAMERA PARTNERSHIP, CENTRAL ROAD SAFETY UNIT, PO BOX 3025 DEVIZES, SN10 9AH. Copyright 2006 'WILTSHIRE POLICE'
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Frequently Asked Questions
Why have I received this Notice of Intended Prosecution?
The vehicle was not driven by me. What do I do next?
I sold the vehicle prior to the offence. What do I need to do?
I was the driver. What happens now?
What is a Conditional Offer?
Can I plead mitigation in this matter?
What happens if I ignore this Notice of Intended Prosecution?
Are my human rights infringed if I respond to this paperwork?
Why are cameras left in place despite collision problems having been resolved?
Why are cameras not switched off at night?
Why are cameras not placed only outside schools and hospitals and in areas with a history of crashes?
Are speed cameras not a waste of taxpayers money?
Why are there no speed limit repeater signs in 30mph areas?
Click here to view the Prosecution Process flowchart
Q: Why have I received this Notice of Intended Prosecution?
A: You are either recorded as being the registered keeper/owner or have been nominated as the owner/ driver / hirer of a vehicle, which has allegedly committed an offence recorded by a safety camera.
Q: The vehicle was not driven by me. What do I do next?
A: You must complete the (Section 172 - Driver Nomination) form giving details of the person driving the vehicle at the relevant time. There is a legal obligation placed on the keeper of the vehicle to provide this information and sign the form (Part 7). If the driver was an employee, as a responsible employer, you have a duty to identify the driver of the vehicle in question. Your company car log (or similar) may assist you in this. Failure to provide this information may result in your company being prosecuted.
Q: I sold the vehicle prior to the offence. What do I need to do?
A: If the new owner of a vehicle has not sent off the registration document with their details to the DVLA then the record will not have been updated. Return the form completed in Parts 1, 2, 4, 5 (with the details of the person to whom you sold the vehicle) and complete and sign Part 7. Failure to notify the DVLA of change of ownership is an offence.
Q: I was the driver. What happens now?
A: You need to complete Part 1 and sign Part 7 on the Section 172 - Driver Nomination form. In most cases you will then receive a Conditional Offer of a Fixed Penalty.
Q: What is a Conditional Offer?
A: Provided certain conditions are met, a Conditional Offer gives you the opportunity to settle the matter without having to go to court. The fine is £60 and you will have three points endorsed on your driving licence which will remain current for 3 years. More than eight current points already on your driving licence will prevent the matter being dealt with by conditional offer and you will need to notify the Conditional Offer Fixed Penalty Unit in writing. You may still elect to have the matter heard in court.
Q: Can I plead mitigation in this matter?
A: Mitigation cannot be considered in the conditional offer process; however, you have the right to bring any mitigation or challenge to the court's attention. The magistrates will then determine whether any fine and points should be awarded. You are reminded that if the case is found proven, the courts have the right to increase the fine and points and you could incur costs.
Q: What happens if I ignore this Notice of Intended Prosecution?
A: Failure to respond may result in you being summonsed to court for failure to provide information.
Q: Are my human rights infringed if I respond to this paperwork?
A: The Human Rights Act does not affect you when returning this paperwork. Primary legislation dictates that you are obliged to provide the information requested if you are able to. Failure to respond to request for details of the driver may result in prosecution. British Courts have ruled that there is no infringement of human rights in requesting who was the driver of a motor vehicle at the time of an alleged offence. Responding to such a request does not amount to an admission to an alleged offence of driving at excess speed.
Q: Why are cameras left in place despite collision problems having been resolved?
A: If collisions at camera sites have reduced or been completely eradicated then the cameras are clearly having the desired effect. Leaving a camera in place provides a constant deterrent and ensures that vehicle collisions and casualties do not return to that location. If a pedestrian crossing was installed to help pedestrians to cross the road safely and once safety improved it was removed that would be irresponsible. The same applies to safety cameras - they are left in place to maintain a lasting safety benefit.
Q: Why are cameras not switched off at night?
A: The likelihood of being involved in a collision in the evening is far greater. The average risk of a collision per mile travelled between 7pm to 7am is double that for the period between 7am to 7pm
Q: Why are cameras not placed only outside schools and hospitals and in areas with a history of crashes?
A: The Department of Transport guidelines require that cameras should be placed where there is a history of collisions and casualties and this is the case in Wiltshire. However, these sites may or may not be outside a school or hospital.
Q: Are speed cameras not a waste of taxpayers money?
A: The cost of speed cameras is not met by the taxpayer but entirely by motorists who choose to break the law by speeding.
Q: Why are there no speed limit repeater signs in 30mph areas?
A: Regulations prohibit the provision of 30 mph repeater signs on roads restricted to 30mph where there is a system of street lighting in place. (Note: A street light can be mounted on walls, telegraph or electricity poles, as well as standard lamp columns.)
The legislation relating to speed limit signs is contained in the Statutory Instrument S I 2002 No. 3113, “The Traffic Signs Regulations and General Directions 2002” (TS&GDR 2002)
A Department of Transport Traffic Advisory Leaflet (TAL 1/95) “Speed limit signs, a guide to good practice” provides guidance on the signing of speed limits. This can be viewed on the Department of Transport web site www.dft.gov.uk
Paragraph 103 of the Highway Code also refers to the signing and the fact that the presence of street lights gives an indication of the existence of a 30mph speed limit.
(The above has been provided by Wiltshire County Council Highways Dept)
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