Author Topic: Van speeding thicket in Scotland  (Read 743 times)

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Van speeding thicket in Scotland
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My partner recently got a speeding ticket for driving his LGV 70mph on a dual carriageway.

His stupid confusion was that because his van is less than 2 tonnes, and because people told him so (and he listens) he can drive the same speed as cars (or CDV). He never thought to check his V5C for the vans classification to be sure.

He's already got 3 points and is still a new driver in time of the offense. 2 years just passing this month.

Is there any way to avoid his license being revoked? He's a decorator and has no other qualifications. I'm sick and currently pregnant with twins and honestly this license will be our life and death situation right now. We can't afford him losing it and possibly taking a year or so to get it back, with how the test are done these days.

Lawyers are asking for 3k. We haven't got that amount of money right now, and if there's a chance he will lose his license anyway, we will not risk that debt.

I don't want any opinions about the offense, I just want advice and what is the best thing to do, or if there's a chance to save this, thank you.

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Re: Van speeding thicket in Scotland
« Reply #1 on: »
What is the make and model of the van?

Assuming it is subject to the lower limit and because the offence took place in Scotland (where courses are not offered) he will almost certainly end up with three points (whether he accepts a fixed penalty or has his case heard in court). The DVLA will revoke his licence when they learn of his six points. They have no option but to do that - it is a legal requirement. The court has no involvement with that procedure and cannot intervene.

Re: Van speeding thicket in Scotland
« Reply #2 on: »
Very few vans are under 2 tonnes GVW, I hope he didn’t check kerb weight.

It won’t say car derived van on the V5c, so checking it wouldn’t have helped.

One option in Scotland that NJ seems to have missed is going ‘unsigned’, this involves completing the form completely EXCEPT for signing it.

Unsigned the form cannot be used as evidence as to who was driving, as such he couldn’t be convicted of any driving offence.

This method has worked successfully in Scotland for nearly 20 years, until now the Proscurator Fiscal have not decided to risk taking a case all the way as that could set case law that closes speed cameras down in Scotland completely.
There are motorists who have been scammed and those who are yet to be scammed!

Re: Van speeding thicket in Scotland
« Reply #3 on: »
Quote
One option in Scotland that NJ seems to have missed is going ‘unsigned’, this involves completing the form completely EXCEPT for signing it
.

Indeed. Thanks for that. In the absence of anything else beneficial that may seem the best bet.