Free Traffic Legal Advice

Hi folks - thanks for what you do 

I got a letter from the police saying I was doing 71 on a dual carriageway - and replied to declare that yes, I was driving.

Then got a 'Conditional offer of fixed penalty' letter saying that it's going to be a £100 fine and 3 points.

This confused me, because I was only 1mph over the limit.

I tried calling the number for the 'road safety team' but it just says "we can't take your call" even though I was calling within the shour slot they're open.

so I emailed them, saying basically the same as above "is there a mistake - this seems unreasonable"

Since then, I did some research - yes the road is a 70, but they've classified my vehicle as a 'goods vehicle' - which means it's actually a 60 limit.

It's a 5 seater Mercedes Vito - which we use as a family car, no 'goods' ever transported, never used for work etc.
The V5 calls it a 'light goods' vehicle.

I didn't know the limit was 60 for that vehicle - silly I guess, but I just never thought to check.

I don't dispute the speed I was going, but was wondering if there's any sense in pleading my case in court, or if I would be wasting my time.

I took a speed awareness course in April 2022, don't have any points on my license.

Thanks

Some 5 seater Vitos meet the requirement of a 'Dual Purpose Vehicle' (Check if yours does - windows & seats etc) and are not subject to the goods vehicle speed limit.

Hi folks - thanks for what you do 

I got a letter from the police saying I was doing 71 on a dual carriageway - and replied to declare that yes, I was driving.

Then got a 'Conditional offer of fixed penalty' letter saying that it's going to be a £100 fine and 3 points.

This confused me, because I was only 1mph over the limit.

so I emailed them, saying basically the same as above "is there a mistake - this seems unreasonable"

Since then, I did some research - yes the road is a 70, but they've classified my vehicle as a 'goods vehicle' - which means it's actually a 60 limit.

It's a 5 seater Mercedes Vito - which we use as a family car, no 'goods' ever transported, never used for work etc.
The V5 calls it a 'light goods' vehicle.





Thanks

You need to identify EXACTLY which Vito model it is.

On your V5C what is entered at K -  Vehicle category - M1 or N1? 

If it's M1 then it is incorrectly entered as Light Goods vehicle at  Taxation class by whoever filled in the form.  It should be car or MPV.  Dealers are known for making errors with this type of vehicle.

If it is N1 it's a commercial vehicle perhaps a crew cab version?

Plenty of information on the web by searching Vito sped limit etc.

The problem is by saying you were doing 71 you've admitting exceeding NSL anyway. Your speedometer may have read 71 but they usually rea a bit fast.

A Vito 'Dual Purpose Vehicle' will be classed on the V5C as an 'N1, Light Goods Vehicle', if it also meets  the definition of a 'Dual Purpose Vehicle' in the 'The Road Vehicles (Construction and Use) Regulations 1986, it would not be subject to the goods vehicle speed limit.

And less than 2040  kg unladen weight - for which there is no legal definition!

That is also in 'The Motor Vehicles (Construction and use) Regulations 1986'

Unladen Weight. 
"The weight of a vehicle or trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment".

To clarify, there is nothing required on a vehicle to indicate the unladen weight so how will the police decide the weight of a vehicle?  Even DVLA struggle to provide the police with an easy way to identify, at the roadside, some of the totally weird specifications relating to vans, MPVs, DPVs, motorhomes and other vehicles.

To clarify, there is nothing required on a vehicle to indicate the unladen weight so how will the police decide the weight of a vehicle?  Even DVLA struggle to provide the police with an easy way to identify, at the roadside, some of the totally weird specifications relating to vans, MPVs, DPVs, motorhomes and other vehicles.

That is one of the problems, it is what the vehicle actually is, not what it is registered as. For example, Vito 5 seaters that meet the requirements to be a 'Dual Purpose Vehicle' are still 'Light Goods Vehicles', but not subject to the goods vehicle speed limits, which some authorities fail to identify the difference. For example the unladen weight may be shown in the manuacturers vehicle specifications, chassis plate, etc. but not understood by the authorities.

I think you'll find the dualiner is classed as a crew cab hence the N1 code
why not get confirmation with Mercedes based on the chassis No.?