infringements

I was told by another driver that if you have an infringement and don’t get pulled before three weeks are up then vosa cannot do you for it after the said three weeks,anyone know if this is true ,curious about it

Currently DVSA can only issue a graduated fixed penalty for a current offence - something they catch you doing. They cannot issue them for historic offences.

Generally if you have 4 or more ‘infringements’ in your records that would have been worthy of £100 fixed penalty each offence DVSA may choose to prosecute. If they are going to the extent of prosecuting a driver - they may as well go back further and add any other issues to the list to make sure you look bad :wink: They may go back 3 months, maybe 6 months, maybe more.

So I suppose it depends what criteria you use for ‘getting done’.

ok cheers

I thought the DVSA could prosecute going back 6 months

ROG:
I thought the DVSA could prosecute going back 6 months

I reckon you’re right.

Hope this is not a thread hijack but … what is the position with overspeed infringements since the introduction of the new speed limits . the truck will easily do 60mph but overspeed comes up at 56mph.

Good shout Harry. I was curious about the overspeeding situation too.

HarryM:
Hope this is not a thread hijack but … what is the position with overspeed infringements since the introduction of the new speed limits . the truck will easily do 60mph but overspeed comes up at 56mph.

If you run to EU regs then its 56 so you are actually speeding.

Radar19:

HarryM:
Hope this is not a thread hijack but … what is the position with overspeed infringements since the introduction of the new speed limits . the truck will easily do 60mph but overspeed comes up at 56mph.

If you run to EU regs then its 56 so you are actually speeding.

Radar19 Do you have a reference for that as the few people I have spoken to about it are like myself unaware of this

HarryM:

Radar19:

HarryM:
Hope this is not a thread hijack but … what is the position with overspeed infringements since the introduction of the new speed limits . the truck will easily do 60mph but overspeed comes up at 56mph.

If you run to EU regs then its 56 so you are actually speeding.

Radar19 Do you have a reference for that as the few people I have spoken to about it are like myself unaware of this

eur-lex.europa.eu/legal-content/ … 06&from=EN

Thanks Radar

I’m not convinced that the police will be interested in an ‘overspeed’ recording unless it is consistently higher than the relevant speed limit; and is combined with some form of investigation into a traffic offence/accident.

DVSA might be; but I think any legal proceedings brought will underline the disparities between EU regs, member state speed limits, and domestic driving regs.

All in, its a bit of a kafuffle.

el_presidente:
I’m not convinced that the police will be interested in an ‘overspeed’ recording unless it is consistently higher than the relevant speed limit; and is combined with some form of investigation into a traffic offence/accident.

DVSA might be; but I think any legal proceedings brought will underline the disparities between EU regs, member state speed limits, and domestic driving regs.

All in, its a bit of a kafuffle.

Dispartiy? No, its pretty simple. If you require a driver card or a tacho disc then you are running under EU regs. The maximum speed allowed under EU law is 56, everyone knows it. As for “Overspeed”, its something for your office to worry about but saying that I’ve had it come up as overspeed infringement on my dash yet nothing was shown when my card was downloaded. I’ve had 60+ coming down the M62 and haven’t heard anything from the office about it.

I believe that is ‘powered speed’ ie by the accelerator pedal but not by running downhill. Maximum speed is 60 mph. If you are running at 60 mph on a flat bit then speed limiter is obviously not working, then you may have a problem.

Radar19:

el_presidente:
I’m not convinced that the police will be interested in an ‘overspeed’ recording unless it is consistently higher than the relevant speed limit; and is combined with some form of investigation into a traffic offence/accident.

DVSA might be; but I think any legal proceedings brought will underline the disparities between EU regs, member state speed limits, and domestic driving regs.

All in, its a bit of a kafuffle.

Dispartiy? No, its pretty simple. If you require a driver card or a tacho disc then you are running under EU regs. The maximum speed allowed under EU law is 56, everyone knows it.

Complete and utter nonsense. There is no maximum speed limit allowed under EU law.

Countries set their own speed limits, some European countries the maximum for trucks is 80km/50mph, others 90km/56mph while others are 96km/60mph.

This is not connected to the speed limiter legislation which does not set a maximum speed limit but instead defines the maximum speed the limiter must prevent the truck being powered beyond, which is 90km/56mph. Running over this due to momentum or Gravity is not a speeding offence in countries with a maximum limit greater than 56 mph.

If it was found that the speed limiter was set to allow the vehicle to power over 56mph you still wouldn’t get prosecuted for speeding for speeds up to 60 mph in this country, or more likely 68 allowing for the 10%+2mph guidelines. You would be done not for speeding under the Road Traffic Act but for a defective speed limiter under Construction and Use Regs.

ROG:
I thought the DVSA could prosecute going back 6 months

Six months for hours offences, much longer for cases of fraud or falsification but that wouldn’t be by fixed penalty at the roadside as it would be historic offences rather than current.

I’m sure I have read somewhere that DVSA aim to change the criteria for fixed penalties so that they can issue a roadside penalty for anything in the last 29 days. I’m sure this is a change planned for 2015.

Mind you - in some cases it could be a better option than going to court.

HarryM:
Hope this is not a thread hijack but … what is the position with overspeed infringements since the introduction of the new speed limits . the truck will easily do 60mph but overspeed comes up at 56mph.

An overspeed in an HGV has nothing at all to do with the speed limit of a road. And HGVs have been able to do 60mph on the motorway for decades so in that respect nothing has changed. It’s just that now we can do 60mph on dual carriageways too. Well, we could if EU law didn’t dictate that HGVs must be limited to 56mph.

You can use gravity to power beyond 56mph and up to 60mph and you won’t get done for speeding.