Author Topic: NIP LETTER FOR SPEED OF 57MPH IN A 40MPH VARIABLE MOTORWAY ACD  (Read 1233 times)

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NIP LETTER FOR SPEED OF 57MPH IN A 40MPH VARIABLE MOTORWAY ACD
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Hello all

I received a NIP letter from Kent Police Traffic enforcement team. I had driven 57mph on a motorway as I had not understood the change of speed to 40mph meant that was the new speed. For the life of me, I thought it was an indication of the speed expected due to traffic conditions. I was on the M25 with a standard speed of 70. I had missed reacting/responding to the temporary speed limit sign which had changed to 40mph (placed on signs high up) on the motorway.

My questions are below;

1. Can you kindly advise me on what I can do, please. I do not want the points on my licence as I need my licence for work and this is the first time this has ever happened to me? Could I appeal it or at least request for the awareness course as this was a genuine mistake.

2. There letter comes with a part 4, Blank box for explanations about circumstances. What can I say to help my case. It was a genuine mistake. For more context, if relevant; I was driving with some crying toddlers in the car so may have been a bit distracted and probably not processed all the changes on the motorway as well.

Truly appreciate your help.

Thank you!

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Re: NIP LETTER FOR SPEED OF 57MPH IN A 40MPH VARIABLE MOTORWAY ACD
« Reply #1 on: »
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You're almost certainly getting 4-6 points,..

I would suggest not.

It is far more likely the you will be offered a fixed penalty of £100 and 3 points (which is the usual offer for speeds between 54mph and 65mph in a 40mph limit).

Re: NIP LETTER FOR SPEED OF 57MPH IN A 40MPH VARIABLE MOTORWAY ACD
« Reply #2 on: »
I'll admit I just used these guidelines, which had 4-6 points for 56-65mph in a 40 limit.

Have they been superceded?
No, but only apply if the matter is heading to court.

The CoFP threshold is up to 65mph.

Re: NIP LETTER FOR SPEED OF 57MPH IN A 40MPH VARIABLE MOTORWAY ACD
« Reply #3 on: »
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Have they been superceded?

No they haven’t. They are the Magistrates’ Sentencing Guidelines for cases which are heard in court. There is no reason why the OP’s case should head to court unless he allows it to.

You need to look at these guidelines which explain how police decide to deal with speeding allegations:

https://library.college.police.uk/docs/appref/ACPO-Speed-Enforcement-Guidance.pdf

Para 9.6 provides a table of enforcement thresholds (course/fixed penalty/court) for each speed limit. These are usually followed by all forces, certainly in England & Wales and I think in Scotland as well (except that courses are not offered in Scotland, so it is FP or court only there).