Zac_A:
Garbo2018:
2: He thinks that DVSA are doing a crack down on overspeeds at the moment (I know that overspeeding up to 60mph at least is NOT really against the law, and that the police or courts CANNOT prosectute for speeding just on tacho traces alone).My understanding of it (from DCPC instruction) is that the Police won’t try to prosecute but DVSA would, but I’ve not yet found anything in writing to corroborate that.
They wouldn’t do it.
DVSA Enforcement sanction policy, page 17
SPEED LIMITERS
General notesThe Table of RSL Thresholds which can be found in the Categorisation of Defects.
Examiners should bear in mind the defences in subsection 13 of Regulation 36A and subsection 14 of Regulation 36B of the Road Vehicles (Construction and use) Regulations 1986.
Comparison between the speed trace on the tachograph record sheet and the set speed on the speed limiter plate [taking into account Regulation 36B(11A)] may reveal cause for further examination or follow up enquiries. When examining tachograph record sheets there must be clear evidence that the vehicle is exceeding its legal limited speed and care must be taken that the excess speed is not due to over-run or an isolated incident. It may be necessary to check more than one record sheet to show sustained periods of excess speed (sustained period is in excess of 10 minutes, excess speed must be in excess of 10km/h of legal limited speed).
If there is evidence that the speed limiter effectiveness has been impaired deliberately or the defect is of longstanding (since the previous working week) identified from tachograph record sheets, then an ‘S’ marking on the prohibition would be justified
Frequent incidents of excess speeding should be reported to the Traffic Commissioner for possible action against the Operator Licence Statement of Intent.