Zero tolerance on speeding. 29th July 2015
We’ve all been there, foot on the pedal, eyes on the road, speed slowly creeping up. It’s not unusual for our speed to fluctuate around the limit staying – of course – within the accepted margin of error of 10% plus 2MPH. But this could all change depending on the results of a pilot scheme being launched in Scotland.
The margin of error of 10% + 2 MPH was brought in 15 years ago to account for the inaccuracies of the speed cameras but modern developments in camera technology mean that have a greater accuracy and the 10% may be a little generous. The scheme could see drivers in Scotland issued with a formal penalty letter if they drive even 1MPH over the speed limit. This is in the recent effort by the police to reduce the number of accidents on the road after government figures published last month showed that road casualties in Britain had risen by 6% last year, returning to 2012 levels.
A spokesman for Police Scotland confirmed that repeat offenders would be penalised. “If you were just fractionally over the first time, you would be given a warning, but if you were to again just be fractionally over, you would be given a fixed penalty or it would be reported to the [procurator] fiscal,” he said. The spokesman said the details of the pilot study — including how speeding would be detected — were still being worked out. Understandably there are there are those opposed to the scheme arguing that this will cause drivers to pay too much attention to their speedo, distracting them from the road and hazards ahead. Nick Freeman, the lawyer nicknamed “Mr Loophole”, who writes for The Sunday Times, warns that any new fines would be open to challenge.
“The first thing is the legal principle called de minimis, which means it’s so slight that it’s not really infringing the law,” he said. “At 51mph, 52mph [on a 50mph road], you are certainly de minimis. It would be an enormous waste of taxpayers’ money to pursue this type of very trivial prosecution.”
Click here to Read More