Safe Speed Forums

The campaign for genuine road safety
It is currently Sun Jun 14, 2026 15:09

All times are UTC [ DST ]




Post new topic Reply to topic  [ 20 posts ] 
Author Message
PostPosted: Sun Jun 13, 2010 00:30 
Offline
New User
New User

Joined: Sun Jun 13, 2010 00:13
Posts: 6
Hi, a friend of mine was overspeeding at 37mph in a 30mph zone. She was using her expired provisional license but has requited for a new one that is yet to come. What happens now? Will the punishment be really bad or will she get a fixed point? Please help. It's really urgent! Thank you.


Top
 Profile Send private message  
 
PostPosted: Sun Jun 13, 2010 02:32 
Offline
Site Admin
User avatar

Joined: Tue Oct 12, 2004 02:17
Posts: 7357
Location: Highlands
skylander wrote:
Hi, a friend of mine was overspeeding at 37mph in a 30mph zone. She was using her expired provisional license but has requited for a new one that is yet to come. What happens now? Will the punishment be really bad or will she get a fixed point? Please help. It's really urgent! Thank you.


:welcome: skylander

We are not legally trained and would advise that you seek professional assistance.
Pepipoo.com forums have several solicitors that might be able to assist.

In my opinion, they are not legally 'on the road', this is likely to need to be explained to the Court.

There is a section Here within the 'New Drivers Act' that states )although this assumes that the Provisional License is already in place - this will change things :
DfT wrote:
Penalty points gained before passing your driving test
Any penalty points you gain before passing your first driving test are taken into account. However, having six or more doesn’t mean your licence will be revoked straight after you pass your test.
Gaining further points after passing your test, taking your total to six or more, will mean your licence will be revoked.

The Dft (Department for Transport) has a section about provisional driving licenses Here.
Disqualification is covered Here.
For 'Endorsements and penalty points' see Here.

_________________
Safe Speed for Intelligent Road Safety through proper research, experience & guidance.


Top
 Profile Send private message  
 
PostPosted: Sun Jun 13, 2010 14:01 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
Some begging questions (the answers of which you may also want to furnish the PePiPoo guys with):

- Did the driver pass any speed camera when doing the 37mph?
- Did the driver really drive using no valid/current form of licence?
- Did the driver have a qualified instructor (or a driver who has held a full UK licence for at least 3 years) with them, or were they alone?

_________________
Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign


Top
 Profile Send private message  
 
PostPosted: Sun Jun 13, 2010 14:38 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Tue Mar 09, 2004 23:09
Posts: 6737
Location: Stockport, Cheshire
Where are you based? I have to say I have never heard anyone in the UK use the term "overspeeding"?

_________________
"Show me someone who says that they have never exceeded a speed limit, and I'll show you a liar, or a menace." (Austin Williams - Director, Transport Research Group)

Any views expressed in this post are personal opinions and may not represent the views of Safe Speed


Top
 Profile Send private message  
 
PostPosted: Tue Jun 15, 2010 10:52 
Offline
New User
New User

Joined: Sun Jun 13, 2010 00:13
Posts: 6
Steve wrote:
Some begging questions (the answers of which you may also want to furnish the PePiPoo guys with):

- Did the driver pass any speed camera when doing the 37mph?
- Did the driver really drive using no valid/current form of licence?
- Did the driver have a qualified instructor (or a driver who has held a full UK licence for at least 3 years) with them, or were they alone?


Yes for the first question. I found out that her provisional licence has not yet expired but she was driving alone. She is an experienced driver with a foreign driver's lincence(but that has exceeded a year so it's not valid any more). Will she be fine £1000 or less?


Top
 Profile Send private message  
 
PostPosted: Tue Jun 15, 2010 10:54 
Offline
New User
New User

Joined: Sun Jun 13, 2010 00:13
Posts: 6
PeterE wrote:
Where are you based? I have to say I have never heard anyone in the UK use the term "overspeeding"?


Haha, really? I say overspeeding all the time and i'm based in England.


Top
 Profile Send private message  
 
PostPosted: Tue Jun 15, 2010 12:08 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
skylander wrote:
Steve wrote:
Some begging questions (the answers of which you may also want to furnish the PePiPoo guys with):

- Did the driver pass any speed camera when doing the 37mph?
- Did the driver really drive using no valid/current form of licence?
- Did the driver have a qualified instructor (or a driver who has held a full UK licence for at least 3 years) with them, or were they alone?


Yes for the first question. I found out that her provisional licence has not yet expired but she was driving alone. She is an experienced driver with a foreign driver's lincence(but that has exceeded a year so it's not valid any more). Will she be fine £1000 or less?

Thanks for your clear answers.
It is likely the speedo of the vehicle was over-reading, so that may put the driver within the trigger threshold for the camera; the camera may even be a dummy. Your friend may have gotten lucky – this time!

If caught, I imagine the fine will be less than £1000, but I think that would be means tested.
There is also the issue of the lack of insurance; that penalty will be additional.

The registered keeper of the vehicle could be in trouble too for agreeing to lend the vehicle to someone without the necessary documents, even if they hold a full UK licence themselves.

All considered, your friend won’t find many sympathisers here.
The best thing your friend could do right now is not drive if no qualified persons are available to instruct them.

_________________
Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign


Top
 Profile Send private message  
 
PostPosted: Tue Jun 15, 2010 12:20 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
Another question:
What country issued your friend's original licence? Some countries allow an exchange of a full licence.

_________________
Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign


Top
 Profile Send private message  
 
PostPosted: Tue Jun 15, 2010 15:08 
Offline
User

Joined: Sun Sep 03, 2006 04:10
Posts: 3244
Not to forget no insurance.
12 points.

_________________
The world runs on oil, period. No other substance can compete when it comes to energy density, flexibility, ease of handling, ease of transportation. If oil didn’t exist we would have to invent it.”

56 years after it was decided it was needed, the Bedford Bypass is nearing completion. The last single carriageway length of it.We have the most photogenic mayor though, always being photographed doing nothing


Top
 Profile Send private message  
 
PostPosted: Tue Jun 15, 2010 23:27 
Offline
New User
New User

Joined: Sun Jun 13, 2010 00:13
Posts: 6
Steve wrote:
skylander wrote:
Steve wrote:
Some begging questions (the answers of which you may also want to furnish the PePiPoo guys with):

- Did the driver pass any speed camera when doing the 37mph?
- Did the driver really drive using no valid/current form of licence?
- Did the driver have a qualified instructor (or a driver who has held a full UK licence for at least 3 years) with them, or were they alone?


Yes for the first question. I found out that her provisional licence has not yet expired but she was driving alone. She is an experienced driver with a foreign driver's lincence(but that has exceeded a year so it's not valid any more). Will she be fine £1000 or less?

Thanks for your clear answers.
It is likely the speedo of the vehicle was over-reading, so that may put the driver within the trigger threshold for the camera; the camera may even be a dummy. Your friend may have gotten lucky – this time!

If caught, I imagine the fine will be less than £1000, but I think that would be means tested.
There is also the issue of the lack of insurance; that penalty will be additional.

The registered keeper of the vehicle could be in trouble too for agreeing to lend the vehicle to someone without the necessary documents, even if they hold a full UK licence themselves.

All considered, your friend won’t find many sympathisers here.
The best thing your friend could do right now is not drive if no qualified persons are available to instruct them.



Thank you so much for your quick and clear answers. I really appreciate it. Her original licence cannot be exchanged for a full licence in the UK; that why she has a provisional. Again, thank you! ^_^


Top
 Profile Send private message  
 
PostPosted: Tue Jun 15, 2010 23:31 
Offline
New User
New User

Joined: Sun Jun 13, 2010 00:13
Posts: 6
jomukuk wrote:
Not to forget no insurance.
12 points.


She is insured on the car in question. She got a letter about a fixed penalty point. How much exactly do you think she will be fined for?


Top
 Profile Send private message  
 
PostPosted: Wed Jun 16, 2010 01:03 
Offline
User

Joined: Sun Sep 03, 2006 04:10
Posts: 3244
the insurance contains a phrase about having to have a licence....it maybe that she was insured because she had a valid licence in the past....I wonder if she has shown her documents to the law yet....

_________________
The world runs on oil, period. No other substance can compete when it comes to energy density, flexibility, ease of handling, ease of transportation. If oil didn’t exist we would have to invent it.”

56 years after it was decided it was needed, the Bedford Bypass is nearing completion. The last single carriageway length of it.We have the most photogenic mayor though, always being photographed doing nothing


Top
 Profile Send private message  
 
PostPosted: Wed Jun 16, 2010 08:47 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Tue Mar 09, 2004 23:09
Posts: 6737
Location: Stockport, Cheshire
skylander wrote:
She is insured on the car in question.

Not if she's driving without a valid licence she isn't. Nor if she's driving unsupervised on a provisional licence.

skylander wrote:
How much exactly do you think she will be fined for?

Realistically I would guess you are looking at a fine in the region of £300-£400 and a six month driving ban.

_________________
"Show me someone who says that they have never exceeded a speed limit, and I'll show you a liar, or a menace." (Austin Williams - Director, Transport Research Group)

Any views expressed in this post are personal opinions and may not represent the views of Safe Speed


Top
 Profile Send private message  
 
PostPosted: Wed Jun 16, 2010 13:34 
Offline
User

Joined: Sat Aug 19, 2006 12:26
Posts: 36
Location: UK
skylander wrote:
Hi, a friend of mine was overspeeding at 37mph in a 30mph zone. She was using her expired provisional license but has requited for a new one that is yet to come. What happens now? Will the punishment be really bad or will she get a fixed point? Please help. It's really urgent! Thank you.


Why is it always a 'Friend' that was speeding ? :roll:


Top
 Profile Send private message  
 
PostPosted: Thu Jun 17, 2010 08:02 
Offline
User

Joined: Sun Sep 03, 2006 04:10
Posts: 3244
The penalty [average] would be 6-8 points but almost certainly a ban will be imposed anyway.
The fine could be up to £5000, but averages £200 + costs of about the same.
The car may well be seized and destroyed.
As a provisional driver with more than 6 points: After the ban has been served the licence will have the six points but they will only count as one point for the two year period under the new drivers act.
The provisional driver will find it almost impossible to get insurance cover other than short-term, high-cost.

_________________
The world runs on oil, period. No other substance can compete when it comes to energy density, flexibility, ease of handling, ease of transportation. If oil didn’t exist we would have to invent it.”

56 years after it was decided it was needed, the Bedford Bypass is nearing completion. The last single carriageway length of it.We have the most photogenic mayor though, always being photographed doing nothing


Top
 Profile Send private message  
 
PostPosted: Thu Jun 17, 2010 15:46 
Offline
User

Joined: Wed Nov 16, 2005 18:50
Posts: 673
PeterE wrote:
Where are you based? I have to say I have never heard anyone in the UK use the term "overspeeding"?

Peter, simply do a search on these forums and you will find the term overspeeding used a lot, suspiciously always in relation to a friend using a provional licence. Posts date back to 2008 :scratchchin:


Top
 Profile Send private message  
 
PostPosted: Thu Jun 17, 2010 16:04 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Tue Mar 09, 2004 23:09
Posts: 6737
Location: Stockport, Cheshire
Odin wrote:
Peter, simply do a search on these forums and you will find the term overspeeding used a lot, suspiciously always in relation to a friend using a provional licence. Posts date back to 2008 :scratchchin:

Good point, this topic sounds suspiciously similar:

http://www.safespeed.org.uk/forum/viewtopic.php?f=31&t=18606&hilit=overspeeding

I have to say (with my official moderator's hat on) that neither case sounds particularly convincing.

A quick Google suggests that "overspeeding" tends to be a term used in Indian English.

_________________
"Show me someone who says that they have never exceeded a speed limit, and I'll show you a liar, or a menace." (Austin Williams - Director, Transport Research Group)

Any views expressed in this post are personal opinions and may not represent the views of Safe Speed


Top
 Profile Send private message  
 
PostPosted: Fri Jun 18, 2010 23:49 
Offline
New User
New User

Joined: Sun Jun 13, 2010 00:13
Posts: 6
jomukuk wrote:
The penalty [average] would be 6-8 points but almost certainly a ban will be imposed anyway.
The fine could be up to £5000, but averages £200 + costs of about the same.
The car may well be seized and destroyed.
As a provisional driver with more than 6 points: After the ban has been served the licence will have the six points but they will only count as one point for the two year period under the new drivers act.
The provisional driver will find it almost impossible to get insurance cover other than short-term, high-cost.


That is quite the punishment!!! Are you sure that it is for someone with a valid provisional? or is it for an invalid provisional licence?


Top
 Profile Send private message  
 
PostPosted: Sun Jun 20, 2010 01:34 
Offline
Member
Member

Joined: Fri Apr 09, 2004 14:04
Posts: 2325
Location: The interweb
skylander wrote:
an invalid provisional licence?


There is no such thing, either you have a valid provisional or you have no licence.


Top
 Profile Send private message  
 
PostPosted: Sun Jun 20, 2010 17:38 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Tue Mar 09, 2004 23:09
Posts: 6737
Location: Stockport, Cheshire
As someone said in the earlier thread, I completely fail to see why some people seem to think it is OK to drive solo on a provisional licence. It isn't, it is in effect like driving with no licence at all, and anyone caught doing so will get zero sympathy from me.

_________________
"Show me someone who says that they have never exceeded a speed limit, and I'll show you a liar, or a menace." (Austin Williams - Director, Transport Research Group)

Any views expressed in this post are personal opinions and may not represent the views of Safe Speed


Top
 Profile Send private message  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 20 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 24 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You can post attachments in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group
[ Time : 0.067s | 12 Queries | GZIP : Off ]