Section 172 of the Road Traffic Act, 1988 states it is the responsibility of the Registered Keeper to know who is driving the vehicle. FSCP aim to assist the keeper in identifying the driver, if possible. However, the onus lies with the registered keeper and a fine of £1000 and 6 penalty points can be applied if the information is not presented.
About the Notice of Intended Prosecution
Why have I received a Notice of Intended Prosecution?
Either you are recorded as the last known registered owner / keeper of a vehicle detected exceeding the legal speed limit, or the registered owner / keeper has nominated you as the new owner/keeper or driver / hirer of the vehicle at the time the speeding offence was detected.
What happens next?
The purpose of the Notice of Intended Prosecution is to identify who was driving the vehicle at the time of an alleged offence. Once identified, most drivers will then be sent a Conditional Offer of Fixed Penalty. This gives you the option to settle the matter without having to go to court. If you are issued with a Conditional Offer you will receive a £60 fine and have your driving licence endorsed with three penalty points.
If you have more than eight points on your licence, the Clerk to the District Court will not accept payment.
They cannot add a further three penalty points to your driving licence as due to the totting up procedure only a Sheriff can impose a period of disqualification
A Conditional Offer of Fixed Penalty will not be issued in the following circumstances;
- When the driver is the holder of a driving licence that has not been issued by the DVLA.
- The speed is excessively high or the driving is careless or reckless.
In these cases the matter will be reported to the Procurator Fiscal.
Failing to complete a Notice of Intended Prosecution is deemed an offence and is subject to a fine of up to £1000 and three penalty points.
About the driver and vehicle
I was not the driver. What do I do now?
As the registered keeper / owner / nominated driver or as an employer, you have a duty to identify the driver of the vehicle at the time of the alleged offence. A further notice will then be sent to the nominated person to complete. Please only complete the form if it has been addressed to you.
What happens if I ignore the Notice of Intended Prosecution form or I am unable to identify the driver?
If you fail to supply the information required this may result in you being prosecuted under Section 172 of the Road Traffic Act 1988. This carries a maximum fine of £1,000 and six penalty points.
What if the driver is no longer in the country?
In this instance you need to prove that the person exists and was in the country at the time of the offence. We will also expect to see a certificate of motor insurance to prove that the person was insured to drive the vehicle at the time of the offence. You are required to provide written confirmation that the driver has returned abroad or has gone abroad for an indefinite period. Appropriate action will then be taken by this office, of which you will be informed.
I don’t believe that this was my vehicle. What should I do?
Please contact us so that we can check the details of your vehicle against the offending vehicle. If there is a discrepancy, appropriate action will be taken and you will be advised accordingly.
I sold the vehicle prior to this offence. What do I need to do?
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. Complete the form with details of the person to whom you sold the vehicle, sign and return it to this office. Failure to notify the DVLA of change of ownership is an offence.
Are my human rights infringed if I respond to this notice?
No. You are lawfully obliged to provide the information as requested. Failure to do so will result in the matter being dealt with in court.
About your driving licence
I have lost / mislaid my driving licence or it has been stolen. What should I do?
Complete Part 1 of the notice and return it to this office. You should also advise the Safety Camera Partnership Office in writing of your situation. Also, you should immediately apply to the DVLA for a replacement / duplicate driving licence. (Forms for this can be found in any main Post Office). You will need to produce your current driving licence (paper part) if you wish to accept the Conditional Offer of Fixed Penalty.
What if my name / address details have changed but my DVLA licence hasn’t been updated yet?
To avoid exceeding the fixed penalty time limit you should send the Clerk of the District Court the completed form, payment and your paper driving licence. Treat the alleged speeding offence and the address/name update separately. Retain your driving licence until you receive the Conditional Offer of Fixed Penalty. Submit your licence to the appropriate Clerk of the District Court giving them the correct return address.
Thereafter send your endorsed licence to the DVLA for the required update.
What happens if I have a foreign licence?
You will not be able to take up the Conditional Offer of Fixed Penalty. This is because we are only able to endorse licences that have been issued by the DVLA in Swansea. Your case will therefore be passed to the Procurator Fiscal to deal with.
How long will the points stay on my licence?
Penalty points are valid for three years but cannot be removed from your licence until four years have elapsed. After this you can apply to the DVLA for a replacement licence.
I am going on holiday and need to take my licence with me. What should I do?
The court can only accept payment within the stipulated 28-day time limit. If you cannot meet this deadline a report will be sent to the Procurator Fiscal for consideration. The Procurator Fiscal can also issue a Fixed Penalty or issue a summons to have the case dealt with in Court. It is not necessary that you appear in Court at this stage of the proceedings. The penalties applicable in Court can be higher than that offered in the Conditional Offer.
Where can I find out more about Driving Licences and endorsements?
DVLA booklet D100 is available free at all main Post Offices. This provides a wide variety of information about all aspects of UK licences. Or visit www.dvla.gov.uk.
About the offence
Can I see Video/DVD evidence of the alleged offence?
The Video/DVD may be shown as evidence in court to show that the speeding offence was committed by the vehicle concerned but is not used for personal identification purposes. We can supply a photograph on request, although there is normally no entitlement to advance disclosure of evidence. If the matter results in court proceedings (whether by request or a police prosecution) the defendant or a legal representative may make representations to the Procurator Fiscal for any relevant items once a summons has been issued.
To make an arrangement to view the video/DVD or request a still photograph please telephone the Camera Partnership on 01592 418870
Are your cameras accurate?
All speed enforcement cameras are type-approved by the Home Office and have been tested rigorously. All speed detection equipment is calibrated in accordance with the manufacturers’ guidelines and the calibration is tested annually. Each device has a built-in self-diagnostic check to ensure that the calibration is correct every time the camera is switched on. As required by the Home Office, stringent checks are kept to ensure that all equipment is properly calibrated and maintained in working order.
I was the driver, but wish to plead mitigating circumstances. What can I do?
You have a right to challenge the offence or to plead mitigating circumstances. To do this, you will have to opt to have your case heard by a District or Sheriff Court. If you choose to do this, you can detail any mitigating circumstances that you wish the Court to consider. You will have the opportunity to explain in writing without having to attend the court. You are reminded that Sheriffs and Justices have the right to increase the penalty as they see fit.
I do not think the offence is valid because:
- I didn’t see a camera or any signs
- I did not know the speed limit
- I think the Safety Camera vehicle was parked illegally
- I don’t think the camera was justified at that location
For a speeding conviction to be valid, there are only two requirements: appropriate speed limit signage and evidence that the speed limit was broken.
There is no legal requirement to inform motorists that a speed camera is ahead, make them highly visible or locate them at sites with a history of serious crashes. These requirements are simply rules that Partnerships participating in the Scottish Safety Camera Programme must follow in order to recover their operating costs from the Government who receive the money collected from fines.
All mobile enforcement vehicles park in approved locations. They should not be parked illegally or in areas where they cause an obstruction or hazard. Full dynamic health and safety audits are conducted at all enforcement sites.
I do not think I was exceeding the national speed limit. Why am I being prosecuted?
Certain vehicles such as cars towing trailers or caravans, vans not derived from a car and/or goods vehicles less than 7.5 Tonnes are subject to lower speed limits than cars or motorcycles on the same road. Drivers must ensure that they are aware of the national speed limit that applies to the vehicles they are driving on different types of road. These are detailed in the Highway Code and also on the 'Know the Limits' page
About the penalty
How many penalty points can I get before I am banned from driving?
A driver who accumulates 12 or more penalty points within a 3-year period faces disqualification from driving. New drivers who accumulate 6 or more penalty points within two years of passing their driving test will have their licence revoked and will have to reapply for a provisional licence and retake their theory and practical driving test.
Can I pay a higher penalty and have no penalty points on my licence?
No. The fixed penalty is not negotiable. If you choose not to accept the fixed penalty the matter is referred to court.
Can I pay the fine in instalments?
Queries about a speeding offence? Call the team on: 01592 418870
This information is for general information only. Always consult a solicitor for more specific advice.
For more information contactMarion Harvie, Communications Officer, Fife Safety Camera Partnership, Road Safety
Tel: 01592 418859 Fax: 01592 418844 Contact Marion Harvie online
By Post: Fife Council, Police Headquarters, Detroit Road, Glenrothes, KY6 2RJ