Speeding In Scotland

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Speeding in Scotland

There are numerous different types of Speeding prosecutions in Scotland, not just one. There is a different law for speeding on a motorway as opposed to speeding in a town centre, for example. Furthemore, there are different laws for temporary speed limits as opposed to permanent ones. All of the various speeding offences in Scotland can, however, be found in the same place – the Road Traffic Regulation Act 1984. Part VI of the Act is called “Speed Limits” so it is reasonable to think that all speeding offences in Scotland can be found there. Not quite. Speeding offences in Scotland are a complex beast. Notwithstanding this we have been defending Speeding Offences in Scotland for many years and we believe that we are different from many other firms in Scotland.

Probably Scotland’s best known road traffic lawyer, Graham Walker, set up the first specialist road traffic law firm in Scotland.  We can help with all Road Traffic matters, including speeding in Scotland. We have successfully defended sports stars, famous personalities, peers of the realm, members of the Royal Family, fellow solicitors, advocates, leading QCs and police officers. We do not name names unless the case is already in the public domain but you can see some of our reported cases here. Irrespective of who our client is, we are 100% committed to achieving the best possible outcome in every case we do. We have a meticulous approach which is reflected in our outstanding success rate.

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Full details of what you need to know about Speeding in Scotland are covered in the boxes below:

Learn More About Speeding in Scotland

There are multiple Speeding Offences in Scotland, not just one. There is a different law for speeding on a motorway as opposed to speeding in a town centre, for example. And there are different laws for temporary speed limits as opposed to permanent ones. All of the various speeding offences in Scotland can, however, be found in the same place – the Road Traffic Regulation Act 1984.

  • Section 81 deals with "restricted roads" which are always limited to 30mph. These are defined in section 82.
  • Section 84 deals with "roads other than restricted roads" but confusingly not ALL other roads.
  • Section 86 deals with speed limits for particular types of vehicles such as transit vans.
  • Section 88 deals with temporary speed limits.
  • Section 89 of the Act deals with speeding offences generally. This section creates the offence if you contravene another section of the Act.
  • Elsewhere in the Act, section 17 deals with offences on "special roads", the most common of which are motorways.

We have a full and comprehensive overview in our Speeding Offences In Scotland guide.

In the most general terms, speeding in Scotland attracts 3-6 penalty points or a discretionary disqualification from driving. A fine will also be imposed. The maximum fine for speeding on a motorway is £2500; speeding on other roads has a maximum fine of £1000. Most speeding offences which result in court proceedings will attract fines of several hundred pounds. The penalties are enshrined is schedule 2 of the Road Traffic (Offenders) Act 1988.

The most common penalty for speeding in Scotland, however, is a fixed penalty of 3 penalty points and a fine of £100. We often get calls from concerned members of the public who have received official and stern sounding letters (Notices of Intended Prosecution). Most of the time they have little to worry about. Someone with a clean driving licence who is accused of doing 40mph in a 30mph limit, for example, can ultimately expect a fixed penalty. This is NOT recorded as a conviction if accepted. In certain cases, however, the speed will be higher. As a general rule, we have found that speeds 20mph or more in excess of the limit will not attract a fixed penalty offer and will instead result in a report to the Procurator Fiscal. If you receive a Notice stating that your car has been detected at such speeds you should contact a specialist solicitor without delay.

Disqualification can occur for several reasons. A high speed is the most common. Generally speaking, speeding in Scotland carries the risk of disqualification if you are approx 25-30mph in excess of the speed limit. However there are no hard and fast rules. The nature of the road, the % in excess of the speed limit, weather/traffic conditions, prior driving history and personal circumstances are all taken into account. Certain courts are also harsher than others. Specialist advice should be sought.

The second main reason for disqualification is because the amount of points imposed takes the driver to 12 points in a 3-year period. This can lead to a disqualification under section 35 of the Road Traffic (Offenders) Act 1988 - more commonly known as "totting up". Anyone on 6 points or more is at risk of totting up and should seek specialist legal advice as soon as possible because all is not lost. You may be able to argue that ''Exceptional Hardship'' would occur if you lost your licence. The hardship must be "exceptional". If you can persuade the court that others, not just you, would suffer badly - for example, that they would lose their job or business, or be unable to pay their mortgage - then you might persuade the court to impose the points but refrain from disqualification. It is extremely difficult to persuade the court not to impose the disqualification. A proof is normally set and you would require to bring evidence of the exceptional hardship to court. This may be the evidence of an accountant, an employee, medical records etc etc We would suggest that you really need experienced legal assistance to successfully present such cases. See our dedicated page here.

The flash of a GATSO camera in your rear view mirror is often the start of that sinking feeling that lets you know that your licence may be in jeopardy. That is probably when the worry sets in. If no formal notice, termed a Notice of Intended Prosecution, is received by the registered keeper within 14 days then you can stop worrying as the registered keeper is required to receive such a notice within 14 days of the alleged contravention. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. Although a certain latitude can be allowed, significant errors as to time and/or place can potentially mean the Notice is invalid and cannot be relied upon by the prosecution.

In the event that the Procurator Fiscal's office seek to start proceedings in the absence of  a timeous NIP (Notice of Intended Prosecution) then the driver MAY have a defence in terms of section 1 of the Road Traffic (Offenders) Act 1988. Successfully defending a charge of Speeding in Scotland is a technical job and it needs someone with the knowledge, experience and court craft to win.The NIP can be issued verbally by police officers if you have the misfortune of being stopped by the Police at the time. In cases where injury or damage to property has occurred then the requirement for an NIP does not apply.We often advise clients to make no comment when questioned by the police, beyond the formal details, of name, address and sometimes, date of birth. In road traffic cases, however,  the accused person, if required under Section 172 of the Road Traffic Act 1988, is obliged to give information, within his knowledge about the identity of a driver of the vehicle involved in any such incidents. Failure to provide such information constitutes a separate offence. The European Court of Human Rights decided that drivers do not have a right of silence and ARE required to answer the identity question in terms of Section 172 of the Road Traffic Act. "Failure to provide", attracts a 6 penalty point endorsement.

If a  "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. The validity of a complaint depends upon a number of factors. Typographical errors can generally be disregarded, however more fundamental errors can bring the case to an abrupt end if challenged at the correct stage of proceedings. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. Therefore the knowledge of an experienced solicitor is invaluable at this stage.The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. Points are relevant from date of offence to date of offence for any speeding charge.

There are various categories of speed detection devices used to detect Speeding in Scotland today. The most common are (1) fixed cameras; (2) laser technology; and (3) in-car equipment. Within these categories are different individual devices.


FIXED CAMERAS

The two most common fixed cameras are the GATSO and the SPECS 3. There are other devices but we shall focus on these two.

GATSO

The GATSO (or Gatsometer) is a type-approved camera device which means that Parliament is satisfied that the cameras can be used for enforcement purposes to the extent that evidence relative to it can simply be given in certificate form unless such certification is challenged by the defence. It measures speed by using radar technology.

How does it work?

The GATSO tends to be sited at the side of the road. In the past it used induction loops laid into the road to detect speeding drivers but now most models use radar. In Scotland they tend to be set so that they can only “observe” one side of the road. One of the most common questions we receive is “Can the GATSO camera get me when I am driving towards it?” The answer is “no”. They take photographs of the back of the vehicle, the purpose being to identify the vehicle and then the registered keeper receives a NIP requiring that they name the driver. The old film devices are being replaced with digital technology that takes the picture, the computer then accesses registered keeper details and automatically prints a letter to serve on the registered keeper. The photograph is of the back of the vehicle therefore it is difficult if not impossible to identify the driver with the photographs obtained. This evidence is obtained from your self-identification (which the law requires that you provide).

Radar technology inside the camera is used to measure the speed of the vehicle (as seen in the first photo of two) and the second photo is taken 0.5 seconds later – see the top two photos on the picture opposite. During that time, your car will have passed over a certain amount of lines on the road which are meant to be a set distance apart. A basic speed/distance/time equation is then carried out and the resultant speed is meant to provide the essential corroboration to the first speed taken by the radar technology.

The GATSO is not unbeatable. We have more success in beating the GATSO than almost any other speed detection device.

SPECS 3

The SPECS 3 is a type-approved device which means that Parliament is satisfied that the cameras can be used for enforcement purposes to the extent that evidence relative to it can simply be given in certificate form unless such certification is challenged by the defence.

How does it work?

SPECS 3 system uses video cameras at two locations to record vehicle registration plates. Each time a camera reads a plate it electronically 'stamps' the image (not visibly) with times taken from two independent clocks which is a requirement of Home Office Type Approval. The Primary Clock is derived the Global Positioning Satellite system (GPS). The SPECS 3 system also has another independent, free-running Secondary Clock that is meant to be periodically synchronised to the Primary Clock and this time is also stamped electronically to each number plate read. The latter is meant to provide the basis of the secondary check and it is this area which may prove problematic for the Crown.


LASER TECHNOLOGY

The most common laser guns used is Speeding in Scotland cases today are the Unipar SL700 and the LTI 20.20 Ultralyte 1000.

What is the Unipar SL700?

The Unipar SL700 is a laser speed measuring device. It is the gun of choice for most of Police Scotland although the further north you go, the more chance there is that the Prolaser 3 or 4 will be used. In terms of technology, the two devices are very similar so what we say for the Unipar will usually also apply to the Prolaser. The Unipar is designed and marketed by Unipar Services of Tunbridge Wells in Kent. It is marketed as “one of the most compact and advanced units available in the world. According to Unipar , it has an effective range of between 10m and 700m when “hand held” (as in your case). It is a battery powered device, using 2 “C” cell batteries which provide up to 50 hours operation.

How does it work?

Typically, the SL700 is operated by the operator holding the device in his hand, secured by a wrap-round strap. The operator looks through a heads-up display mounted on the top of the device. The operator sees a “red dot” and targets this red dot on the vehicle and pulls the trigger to obtain a speed recording. The gun then emits a series of pulses in rapid sequence. It does not ACTUALLY measure speed. Rather it measures the time taken for the “pulses” to travel to a vehicle and – after bouncing off the vehicle – back again. Because the speed of light is fixed, the gun is also able to work out the distance to the target vehicle. The gun then basically carries out a speed = distance/time calculation to work out speed.

The gun can be used in daylight or at night and in all weather conditions. It can record vehicles travelling towards or away from the operator. It is a “type-approved” device which basically means that the Home Office believes that it can be relied upon to produce accurate speed readings. The Unipar SL700 is marketed as being accurate to +/- 1mph/2kph.

Is it infallible?

No!

FLAWS IN THE UNIPAR SL700

Many judges, police officers and prosecutors choose to believe that the Unipar SL700 is infallible, notwithstanding even the manufacturer concedes it can be inaccurate up to 2kph. But all technology has its limits and laser technology is no exception.

It is possible, for example, to aim the device at a static surface such as a wall or a road and convince the machine that the surface is moving at speed.  This is because the device is not directly measuring speed but actually carrying out a speed/distance/time equation. If the dot is moved over a surface, a speed will therefore be recorded because of the “extra” distance the dot has travelled. Accidental movement of the gun, perhaps due to hasty targeting, can lead to an error. A similar effect, called “slippage” can occur if the laser beam hits the wrong part of the car such as the bonnet and “slips”. 

Similarly, police witnesses will often use phrases (right out of the marketing booklets) such as “pinpoint accuracy using a red dot targeting system”. This can be misleading as the laser beam expands over distance (as an analogy, think about the way the beam of a torch expands over distance). This can sometimes mean the beam is several feet wide by the time it reaches the car. This can, in turn, mean that an incorrect part of the car (such as the bonnet) can be struck. Much will depend on the distance over which the gun is used.

These are not easy arguments to make in court. It requires skill, experience and tenacity and perhaps a more detailed knowledge of the gun than the police officers themselves have. Nor are all of these arguments applicable in every case. The reason that we continue to beat the Unipar SL700 on a regular basis is that we recognise when there is, at least, the potential for an error and are ready to capitalise.

THE LTI 20.20 AND CONCEPT 2 VIDEO RECORDER

What is the LTI 20.20?

The LTI 20 20 (or to give it its full name “LTI 20 20 Ultralyte 1000”) is a laser speed detection device. It can be used on its own or, as in your case, with camera equipment known as the Concept 2. The gun has two lens on the front panel. The top lens send out an invisible light beam to a target vehicle and the bottom lens receives signals back from the target vehicle. It is a type-approved device which means that Parliament is satisfied that the gun can be used for enforcement purposes to the extent that evidence relative to it can simply be given in certificate form unless such certification is challenged by the defence.

How does it work?

Typically, the LTI 20 20  is operated by mounting it in a tripod at the rear of a camera van. It is hooked up to the Concept 2 situated to its side. The operator looks through a heads-up display mounted on the top of the device. The operator sees a “red dot” and targets this red dot on the vehicle and pulls the trigger to obtain a speed recording. The gun then emits a series of pulses in rapid sequence. It does not ACTUALLY measure speed. Rather it measures the time taken for the “pulses” to travel to a vehicle and – after bouncing off the vehicle – back again. Because the speed of light is fixed, the gun is also able to work out the distance to the target vehicle. The gun then basically carries out a speed = distance/time calculation to work out speed. On the video screen, the red dot is replaced by cross hairs which are meant to indicate where the red dot is striking the car. The gun can be used in daylight or at night and in all weather conditions. It can record vehicles travelling towards or away from the operator. It is a “type-approved” device which basically means that the Home Office believes that it can be relied upon to produce accurate speed readings. The LTI 20.20 Ultralyte 1000 is marketed as being accurate to +/- 1mph/2kph.

What is the Concept 2?

The Concept 2 is the video attachment to the LTI 20 20. It is hooked up to the gun and everything that the gun “sees” is recorded in real time onto a data card. The data from the card is then transferred onto a DVD or Blu-ray disc to be viewed and used in court. Stills from the image will also be taken.

Is it infallible?

No!

FLAWS IN THE LTI 20 20

As with the Unipar SL700, many judges, police officers and prosecutors choose to believe that laser technology is infallible, notwithstanding even the manufacturer concedes it can be inaccurate up to 2kph. But all technology has its limits and laser technology is no exception. It is possible, for example, to aim the device at a static surface such as a wall or a road and convince the machine that the surface is moving at speed.  This is because the device is not directly measuring speed but actually carrying out a speed/distance/time equation. If the dot is moved over a surface, a speed will therefore be recorded because of the “extra” distance the dot has travelled. Accidental movement of the gun, perhaps due to hasty targeting, can lead to an error. A similar effect, called “slippage” can occur if the laser beam hits the wrong part of the car such as the bonnet and “slips”. Similarly, police witnesses will often use phrases (right out of the marketing booklets) such as “pinpoint accuracy using a red dot targeting system”. This can be misleading as the laser beam expands over distance (as an analogy, think about the way the beam of a torch expands over distance). This can sometimes mean the beam is several feet wide by the time it reaches the car. This can, in turn, mean that an incorrect part of the car (such as the bonnet) can be struck. Much will depend on the distance over which the gun is used and which part of the car has been struck. One big advantage of the video evidence provided by the Concept 2 is that the usage of the device can be subjected to closer scrutiny than is possible with the Unipar SL700.


IN-CAR DEVICES

The two most common in-car devices are the calibrated speedometer and the VASCAR device.

Calibrated Speedometer

Perhaps the most basic speed detection device in use today. The police claim that calibrated speedometers are accurate to +/- 2%.  This, however, completely ignores the "human factor. Speeding in Scotland cases based on calibrated speedometers are less common than laser or camera cases but they do happen. Typically they will occur when a driver overtakes a police car. The officers within the car form the impression that the driver is breaking the speed limit and pursue him. The police are then meant to take up a position behind the suspect and track his speed. This is done by keeping a steady distance between the police car and the suspect's car. So long as a set distance is maintained, it is possible to infer that the speed showing on the police speedometer is the same as the speed of the suspect's car. The minimum distance over which the speed should be recorded is 0.2 miles. Various defences are available to an accused driver in these circumstances. They will usually involve whether a set distance has been maintained and/or whether the Crown can prove the accuracy of the police speedometer. 

VASCAR

VASCAR works on the well-known principle of speed=distance/time. It is essentially an on-board computer fitted to most road traffic patrol cars and is accompanied by a video screen. VASCAR can be used in various ways. The most common is known as the "follow". This is similar to the techique used with calibrated speedometers. However the police car does not require to maintain a set distance behind the suspect's car. Instead the police wait until the driver passes a suitable "marker" such as an overbridge or a change in the road surface. The police then push a "time" button on the device. When the police car passes the same marker, they push a "distance" button. When the suspect's car passes a second marker the police stop the "time". The device now knows how long it has taken that car to travel between the two markers. When the police pass the second marker, they stop the "distance" measurement. The device now knows the distance between the two markers. It does a speed=distance/time calculation to obtain an average speed.

Although there are other methods of using the VASCAR, the one described is by far the most common. Obviously a very high degree of operator accuracy is required because the speed returned is only as accurate as the timings with which the buttons are pressed. The visibility of the markers, the experience/training of the officers, the distance travelled and the distance between the police car and the suspect car are all crucial elements in a case involving VASCAR. Before the Crown even gets to that stage it must first be proved that the VASCAR is accurate which is far from straightforward. As with other devices used to detect Speeding in Scotland, we have an exceptional track record in defending cases using VASCAR technology.

See also our separate “Guides” pages for more detailed information on the various ‘offences’, ‘devices’ and ‘penalties’ regarding speeding charges in Scotland:


Why Choose Us?

Many law firms now claim a “specialist expertise” in this field of law. We see new websites with fantastic “win rates” cropping up all over the internet. But who can you trust with your case and what research can you do to sort the wheat from the chaff?

See our Trustpilot Reviews  (We have the highest satisfaction rating of any road traffic firm in the UK)

  • Check when the domain was registered to see how long the firm have actually been online. Our domain was registered in 2001. We believe we were registered years in advance of any rival firm. Judge for yourself whcih firm in fact was the first to specialise exclusively in road traffic law defence work.
  • Check their statistics e.g. Ask them what their case sample size was. How do they define case success? How can you trust their reviews? We base our 94% success on 1000 independently analysed cases chosen at random. We rely upon the review site Trustpilot to independently ingather our reviews.
  • Check if they have hidden costs? We guarantee a Fixed Fee and it does not change no matter how often we need to attend court.
  • Check if they really are “Experts”: Mr Walker has been invited to provide member training for the Law Society of Scotland, Glasgow Bar Association, The Royal Faculty of Procurators, and Scottish courts. He has featured on TV, Radio and National Newspapers. We have successfully defended sports stars, famous personalities, peers of the realm, members of the Royal Family, fellow solicitors, advocates, leading QCs and police officers.
  • Flashy websites can be created by anyone: We are invited, founder members of the Association of Motor Offence Lawyers.

Speeding in Scotland is a serious issue, it can mean the loss of your licence and worse still, your livelihood.

Please do not hesitate to phone, e-mail, or fill in the online form below and we will get back to you today.

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