Hi all. Initially posted this in the ‘Ask the experts’ section but thought it would get a little more exposure here - Hope this is OK.
Hope someone can give me an answer (or at least some advice) on this…
A few weeks ago, my tacho (analogue) went wrong - took it in to dealer and it had to be replaced (reconditioned unit).
Calibration carried out.
Within the last 4 weeks, I have been caught speeding twice!! Although I am no angel, I am also not reckless so had a close look at charts at specified speeding times and there seemed to be a discrepancy. So today, I got one of our other drivers and a driver from another company who share the yard (both of whom still have analogue tachos) and we went for a drive to compare speed readings.
The result is that my speedo/tacho is reading between 4mph and 5mph BELOW actual speed. (This is compared to the other 2 trucks and 3 Satnavs).
The trace is recording what the speedo says, but the speed is definitely reading low.
Now the big question - do I have an argument regarding the speeding charge (both were less than 5mph over the limit) and if so, do I fight it myself or do I get someone else involved?
Any help would be greatly appreciated.
leave it as it is. just keep your satnav on for an actual speed.
but how have you been done for speeding? it’s not exactly 10 or 15 mph out.
i’ve had them set at 59mph, but showing 55. as long as you know what’s what, that’s all that really matters.
I’m no legal expert but i’d want a solicitor in on this one sharpish.
That truck needs to be tested and evidence of faulty calibration taken by someone independent who knows about such things legally, might cost you a bit and i don’t know who would help…hopefully you’re in the union they should organise defence.
If you report it as a defect it will be fixed pronto , probably by the bloke who ballsed it up first time, who will say and record bugger all that would incriminate him.
Did you not notice that once up to maximum speed that you were passing every truck on the road and coaches were holding you up?
Limeyphil - Don’t normally use a satnav as a matter of course. I will be doing from now on!!
2 offences were/are 1. 45mph on single carriageway and 2. 35mph in a 30 limit.
Juddian - I havn’t reported it as yet as, like you, I would imagine it will all be fixed and then I wouldn’t have a leg to stand on. Regarding maximum speed; before tacho was replaced, speedo used to read 52 when on limiter - never had any trouble with breaking limits when using this reading - after replacement, speedo now only ever reads 50mph max. Maybe it had always been a couple of mph low and now it’s 4/5?
Can’t see how you can fight it yourself without actual documentary evidence of tacho calibration.
No court is going to give much credence to a simple claim from you that the tacho was wrong without absolute back up and even then I do not know if they would simply say “you were still exceeding the limits even if you thought you weren’t”
Maybe your boss will be prepared to send the vehicle for checking at a different garage to the one normally used, if the calibration is wrong then he could maybe claim his costs bac against the original garage.
Personally, unless I had points on my licence already, I would just take the 6 points, pay the £120, and be a good boy for the next 3 years. You might even find you can get away with at least one lot of the points (maybe even both) by attending one of those speed awareness course things. You’ll have one hell of a fight on your hands to try and get the charges dropped and for the sake of such a small amount of money it is surely not worth the time/hassle.
Obviously if you’ve already got a load of points on your licence or having 6 points will cause you other problems then it might be worth fighting.
if the tacho is reading 40mph or less for the 45mph charge, then go to court with it.
if it reading 41mph, then you will still be admitting to speeding, but a decent magistrate might throw it out.
personally i like courts. i don’t know why, but i’m a bit wierd like that. so i’d have a crack at arguing it.
i read a few years ago (when the digi-tachos came out) that if an analouge tacho was faulty and had to be replaced, it had to be replaced with a digi-tacho, not a new/reconditioned analouge.
kindle530:
i read a few years ago (when the digi-tachos came out) that if an analouge tacho was faulty and had to be replaced, it had to be replaced with a digi-tacho, not a new/reconditioned analouge.
Only if you want to but you can still go like for like
Man thanks to all for your advice.
I’ve got a few days before I have to send things back so have time to make some more enquiries.
At the moment I’m thinking ‘if I had been in a 40mph limit and my speed had been 50, and my speedo was still reading 45, then I would put my hands up and take the hit’ but if I wasn’t actually exceeding the speed limit according to my speedo which was calibrated by a dealer, who has been authorised (albeit indirectly) by a government body, then I may just fight it.
May just be the grumpy old man inside me coming out!!
Will let you know what I decide and what the eventual outcome is (if I’m not in jail!)
Surely then you can produce your tacho cards as evidence, showing you were not speeding.
Argue that, the speedo said you were doing exactly 40mph, and here’s a tacho card to prove it.
The Tacho had been calibrated recently so you have no reason to doubt it.
sadly tacho`s are inadmissible as evidence for speeding offences, (unless the police are using them as evidence to prosecute!)
sort of right. they can be used as evidence. but only as secondary evidence.
so they can be used to back up a speed camera, or police officers in car video evidence. but not used on there own.
in other words. the prosecution can use them, but we can’t.
maldwyn:
Now the big question - do I have an argument regarding the speeding charge (both were less than 5mph over the limit) and if so, do I fight it myself or do I get someone else involved?
Any help would be greatly appreciated.
Yes you do if you can get written proof that the speedo calibration is out and that the excess speed was a result of driving to the false reading speedo was indicating. You will have to take it to court though.
Currently the vehicle is illegal to drive as it does not meet C&U regs which state that a speedo can over read but cannot under read.
sadly tacho`s are inadmissible as evidence for speeding offences, (unless the police are using them as evidence to prosecute!)
sort of right. they can be used as evidence. but only as secondary evidence.
so they can be used to back up a speed camera, or police officers in car video evidence. but not used on there own.
in other words. the prosecution can use them, but we can’t.
If you’re in the union? ( unite, with driver care! ) they’ll sort your speeding out for you in court! As the tacho is a legal document, LOSE it it’s only alleged that you were speeding! Let them PROVE it! Kids don’t try this at home!!!
If you’re in the union? ( unite, with driver care! ) they’ll sort your speeding out for you in court!
it would be nice if this was true.
What would probably happen is that you would be advised to plead guilty and they would pay the fine, you would still have the points!
maldwyn:
Now the big question - do I have an argument regarding the speeding charge (both were less than 5mph over the limit) and if so, do I fight it myself or do I get someone else involved?
Any help would be greatly appreciated.
Yes you do if you can get written proof that the speedo calibration is out and that the excess speed was a result of driving to the false reading speedo was indicating. You will have to take it to court though.
Currently the vehicle is illegal to drive as it does not meet C&U regs which state that a speedo can over read but cannot under read.
conor.
have you ever been to court.
it’s just that your posts appear to be guesswork.
) they’ll sort your speeding out for you in court! As the tacho is a legal document, LOSE it 
it’s only alleged that you were speeding! Let them PROVE it! 
