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PostPosted: Sat Oct 07, 2006 13:44 
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The Road Safety Bill is in the Commons on Monday for its third and final reading.

It's includes graduated fixed penalties for speeding offences and you will be able to lose your licence after just TWO 6 point camera offences.

I has emerged that there are serious problems drafting the table of speeds and penalties. These problems arise from the need to be able to confirm that a threshold has been exceeded by the required amount to get into the next higher band. Effectively it is necessary to have a speed that is 'ACPO threshold above' the desired speed in order that a court of law could be convinced that the offence described had actually taken place.

But a table with such thresholds built in wouldn't satisfy the MPs voting on the proposal.

So the bill enables the Secretary of State to create the graduated penalty table 'later' and to amend it 'as required'.

MPs do not know about these problems and are being conned. This is OUTRAGEOUS!

I'm wondering if I can make this into news for Monday. Any comments or advice? (Show us the table Dr Ladyman!)

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PostPosted: Sat Oct 07, 2006 13:55 
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I think we should all fax our mps this weekend... unless that would weaken your strategy Paul?


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PostPosted: Sat Oct 07, 2006 14:00 
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Roger wrote:
I think we should all fax our mps this weekend... unless that would weaken your strategy Paul?


Go for it.

I don't have a strategy as such right now - unless I can find a broadsheet to run a big headline on Monday. I could PR it everywhere, and I'm sure that it'd make some noise, but to do any good there needs to be a great big splash.

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PostPosted: Sat Oct 07, 2006 14:20 
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Draft for comment - I'll get it off later today by fax for his Sec's and his urgent attention..
draft1 wrote:
Dear [MP]

I write seeking your important and ugent assistance over a matter that comes before the House this coming Monday – probably very shortly after you see this letter. Please accept my apologies for such a short notice missive, which is not my usual style, but I only discovered the calamitous nature of things just a few minutes ago.

The Road Safety Bill is in the Commons on Monday for its third and final reading. This includes graduated fixed penalties for speeding offences, with the corollary that licence loss might occur after just TWO 6-point camera offences. The further corollary of this is that just a single speeding offence will turn otherwise competent drivers into speedo-gazers. It has been recently admitted by the DfT that the lion’s share of injury/fatal accidents on the road are caused by poor concentration/distraction. The speedo is a distraction – and a big one. Unlike, eg, a glance in the mirror or up a side road, where the eye remains focussed at distance, a speedo-check takes the best part of a full second as the eye has to focus close to see it and then focus distant again to see the real hazards.

This bill has such a fatal flaw in it, that a vote to condone it is as good as pulling the trigger on thousands of road casualties (including pedetrians and cyclists). I exaggerate not.

I urge you to put this point on my behalf at the hearing and to vote vehemently against the bill without substantial modification to eliminate this aspect.

Thank you for reading this plea and for any action you may take to prevent the rot setting in.

Yours sincerely


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PostPosted: Sat Oct 07, 2006 14:29 
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With the graduated penalty system then the evidence will have to show *exactly* what speed a vehicle was doing. If there is even a shadow of a doubt then the prosecution must be thrown out. Thus gatsos with accuracies of +/- 1mph will be invalid as evidence ditto laser guns as the slip effect is well known. I suspect the first legal challenge to a boundary condition would throw the whole lot into disarray.

Just how thick are this lot exactly? Will they be happy when everyone is driving while banned? :x Someone said if 2% of a population wish to flout a law then the law can't be enforced. Seeing as 99% of drivers exceed a speed limit sometime does it not make it a total mockery? In a democracy any other law which was ignored so much would be dropped not made more stringent.


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PostPosted: Sat Oct 07, 2006 14:31 
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I think you missed the point Roger! :) Here's my email sent 'somewhere important':

Quote:
I believe that MPs are being mislead by Ministers about the details of the
graduated speeding penalty proposals in the Road Safety Bill to be debated on
Monday.

It hinges around the content of the table that relates speeds to penalties by
speed limit.

It has emerged that there are serious problems drafting the table of speeds
and penalties. These problems arise from the need to be able to confirm that a
threshold has been exceeded to get into the next higher band. Effectively it
is necessary to have a speed that is 'ACPO threshold above'[*] the desired
speed in order that a court of law could be convinced that the offence
described had actually taken place.

This would lead to a table of penalties that many MPs may not feel able to
agree to.

So the bill enables the Secretary of State to create the graduated penalty
table 'later' and to amend it 'as required'.

MPs do not know about these problems and are being conned.

If there is a way to demand that the table should be presented to MPs, then
the problems could be highlighted and discussed.

[*] ACPO publishes a prosecution threshold for speed limit offences, advising
that no one should be prosecuted unless the recorded speed exceeds the speed
limit + 10% + 2mph. This isn't out of kindness or generosity. It is entirely
necessary due to accumulated tolerances in measurement apparatus. If, for
example, we tried to prosecute someone for going 1mph over a speed limit, a
proper argument in court would conclude that it could not be proven that an
offence had been committed AT ALL because the 1mph excess might be an error in
the means of measurement.


It is ALSO absolutely horrendous that we will be able to lose our licences on the basis of two speed camera offences.

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PostPosted: Sat Oct 07, 2006 14:39 
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SafeSpeed wrote:
I think you missed the point Roger! :)
I saw that point, and the one I made.

I think BOTH points are valid - and I think (but am not certain) mine is easier for my MP to understand.

Do you think I should adapt your point as well, or instead? Or do you think that the two separate points coming from both directions would be a good two-pronger?


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PostPosted: Sat Oct 07, 2006 15:07 
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Roger wrote:
SafeSpeed wrote:
I think you missed the point Roger! :)
I saw that point, and the one I made.

I think BOTH points are valid - and I think (but am not certain) mine is easier for my MP to understand.

Do you think I should adapt your point as well, or instead? Or do you think that the two separate points coming from both directions would be a good two-pronger?


I'm sure you're right about 'easier to understand'. But AFAICT MPs are accepting the point you're making with their eyes wide open.

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PostPosted: Sat Oct 07, 2006 15:43 
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Ok. Herewith draft 2. a bit lopng, I might precis later. comments again invited:
draft2 wrote:
Dear [MP]

I write seeking your important and ugent assistance over a matter that comes before the House this coming Monday – probably very shortly after you see this letter. Please accept my apologies for such a short notice missive, which is not my usual style, but I only discovered the calamitous nature of things just a few minutes ago.


The Road Safety Bill is in the Commons on Monday for its third and final reading. This includes the aspect of graduated fixed penalties for speeding offences. This brings with it two aspects.that I am convinced mean it needs a fundamental rethink and should be voted out in its present form.

Firstly, I believe that MPs are being mislead by spin from the DfT. Legal problems hinge around the content of the table that relates speeds to penalties by speed limit. There have been serious problems drafting the table of speeds and penalties. These problems arise from the need to be able to confirm that a threshold has been exceeded to get into the next higher band of penalties by a significan margin, presently 10% plus 2mph. To achieve this, it would be necessary to have a speed that is substantially lower than the desired speed of prosecution to accommodate that safety margin in order that a court of law could be convinced that the offence described had actually taken place. This would lead to a table of penalties that many MPs may not feel able to agree to. Given these difficulties, the bill is drafted so as to enable the Secretary of State to create the graduated penalty retrospectively and amend it 'as required'. At the appropriate time in the reading of the bill, I would urge you to request that the table be presented so that these problems could be highlighted and discussed.

Secondly, but of my foremost concern, is road safety. Assuming the legalities are overcome and this can be made to work (see later), licence loss might occur after just TWO 6-point camera offences. The corollary of this is that just a single speeding offence will turn otherwise competent drivers into speedo-gazers. It has been recently admitted by the DfT that the lion’s share of injury/fatal accidents on the road are caused by poor concentration/distraction. The speedo is a distraction – and a big one. Unlike, eg, a glance in the mirror or up a side road, where the eye remains focussed at distance, a speedo-check takes the best part of a full second as the eye has to focus close to see it and then focus distant again to see the real hazards.

This is such a fatal flaw in road safety thought that a vote to condone it is as good as pulling the trigger on thousands of road casualties, including cyclists and pedestrians. I exaggerate not. I urge you to put this point on my behalf at the hearing and to vote vehemently against the bill without substantial modification to eliminate this aspect.

Thank you for reading this plea and for any action you may take to prevent the rot setting in.

Yours sincerely


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PostPosted: Sat Oct 07, 2006 17:40 
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I'm playing around with tables.

Code:
   start threshold      
   2 points   3 points   6 points

20   24   28   33
30   35   41   47
40   46   53   60
50   57   65   73
60   68   77   86
70   79   89   100


This seems to me to be the lowest possible threshold table, with +10%+2 for each band from the band below.

Any comments on this table or the possible content of alternative tables?

Do we think that MPs would be happy if 88mph in a 70 was a 2 pointer?

Would we be happy to suffer a threshold jump if we were doing 80mph true in a 70mph, but the equipment showed 89mph?

Surely the whole thing is nonsense? (Irrespective of the fact that the last thing road safety needs is MORE emphasis on the speed limit.)

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PostPosted: Sat Oct 07, 2006 19:07 
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I assumed it would have to be the other way around, ie, if the 30 mph row read (arbitrarily) 35, 40 and 45, that the figures they would have to reach before prosecuting at the tabulated figures would be 40.5, 46 and 51.5 respectively, and that anything below 40.5 would be unenforceable.

To that end, I assumed that the 70mph row might read 75, 85 and 95, giving enforcement thresholds of 84.5, 95.5 and 106.5 respectively (ie, anything less than 84.5 is in the "orange" zone - illegal but not enforced). Have I misread it?


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PostPosted: Sat Oct 07, 2006 20:40 
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Roger wrote:
I assumed it would have to be the other way around, ie, if the 30 mph row read (arbitrarily) 35, 40 and 45, that the figures they would have to reach before prosecuting at the tabulated figures would be 40.5, 46 and 51.5 respectively, and that anything below 40.5 would be unenforceable.

To that end, I assumed that the 70mph row might read 75, 85 and 95, giving enforcement thresholds of 84.5, 95.5 and 106.5 respectively (ie, anything less than 84.5 is in the "orange" zone - illegal but not enforced). Have I misread it?


I figured that the minimum band would be +10%+2mph and made up the table from there. After all if we need to band to ensure that an offence has been committed, then we need similar bands to ensure that an offence can be classified.

So I reckon the table I gave should be the minimum possible thresholds for each band.

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Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety


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PostPosted: Sat Oct 07, 2006 20:43 
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Ok. I won't complicate my fax to the MP any further, except to pit a link to this thread as a PS if he wants extra.


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PostPosted: Sat Oct 07, 2006 23:55 
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I have sent my email off in the light of a letter I received yesterday from my MP.
I hope it does some good - I have already sent links to this site, and he appears to be taking an interest since the Plumpton crash on the A6 earlier this year.

Quote:
Hi Tim.
Thank you for your recent letter regarding better driver training.
I should like to commend however the people with whom I have discussions on road safety, as it is not something one should tackle alone, and by discussing the matter, we can raise each others knowledge and ideas.
I for one have little experience of variable speed limits on the M40 for instance, but by discussing the situation with others who use that motorway on a daily basis, I was more prepared than some when I passed that way recently on my holidays. In a similar fashion, I can bring knowledge of rural problems to urban motorists keen enough to take them on board.

In a discussion today (Saturday) it has come to light that there is a vote on Monday on the Road Safety Bill, and there is concern that in the wording of the bill, there is a part which seeks to pull the wool over the eyes of MP's. I quote below from a post on the forum, which might well mean more to you, and if there is cause for concern, perhaps you would be able to highlight it to your colleagues.
I believe that MPs are being mislead by Ministers about the details of the
graduated speeding penalty proposals in the Road Safety Bill to be debated on
Monday.
It hinges around the content of the table that relates speeds to penalties by
speed limit.
It has emerged that there are serious problems drafting the table of speeds
and penalties. These problems arise from the need to be able to confirm that a
threshold has been exceeded to get into the next higher band. Effectively it
is necessary to have a speed that is 'ACPO threshold above'[*] the desired
speed in order that a court of law could be convinced that the offence
described had actually taken place.

This would lead to a table of penalties that many MPs may not feel able to
agree to.

So the bill enables the Secretary of State to create the graduated penalty
table 'later' and to amend it 'as required'.

MPs do not know about these problems and are being conned.

The ACPO thresholds have been the basis for "remote enforcement" i.e. speed cameras, and represent the acceptable limits of the equipment to the Association Of Chief Police Officers. However, in some circles there is serious concern over the accuracy of some equipment in everyday use - see this BBC link, and the discussions at the bottom. http://www.bbc.co.uk/london/content/art ... ture.shtml
I saw the original program, having been long concerned at the reputation the equipment has abroad, as well as in the UK. It strikes me as being very poor that the only expert witness that can be called, has a vested interest in the deployment of the equipment - he sells the equipment to the Home Office through the various police forces! Since this program, there have been others, and tests by national newspapers which highlighted the same concerns.

The threshold limits are likely to be critical as to the number of points a driver might get, and could lead to motorists being found guilty of a more serious offence than they have committed, and losing their license - and livelyhood!
ALL of this is being done in the name of SAFETY, yet DfT figures released last week, show only 5% of accidents were caused by motorists BREAKING the speed limit - the ONLY ones targeted by cameras. Those whose speed is too high but WITHIN the limit go unaddressed - which is the sort of issue which SHOULD be addressed by better training.
Every day, I see vehicles passing the speed cameras at Ings, often at below 30 mph in the 40 mph limit - and then the drivers simply speed up and continue to drive like idiots. Worse still, many drive up to the cameras, then brake hard, while checking the speedo to ensure they are below the limit.The camera site is a crossing for the footpath - and a more dangerous place to look away from the road could not be found, on such a straight section of road, and I see from the letters page of the Gazette that a growing number of the public are beginning to realise this too.

Yours sincerely, E. Marsh, Windermere

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PostPosted: Sun Oct 08, 2006 00:41 
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Safe Speed issued the following PR at 00:25 this morning:

PR378: Road Safety Bill: Two strikes and out; MPs kept in the dark

NOTE: PAUL SMITH WILL BE IN LONDON ON MONDAY 9th OCTOBER AND AVAILABLE FOR
INTERVIEW.

news: embargo 00:01am Monday 9th October

The Road Safety Bill before the Commons today (Monday) for its final reading
will introduce graduated fixed penalty tickets. This will mean 6 point fixed
penalties for some speed camera offences - and two of those will mean a default
6 month ban under totting up.

MPs will vote for the road safety bill without ever knowing what thresholds may
be required to invoke the 6 point penalty. That is because the table of speeds
and penalties does not yet exist. The Road Safety Bill empowers the Secretary
of State to create and amend the table without further reference to Parliament.

This astonishing situation has arisen because of very real practical problems
developing the table of penalties. Suppose the 6 point penalty applies above
45mph in a 30mph zone and in a particular case the Police equipment recorded
46mph. With such close margins, it could not be proven in a court of law that
the 6 point offence had actually been committed - the Police equipment may have
been out by a couple of miles per hour.

The government has sidestepped the problem by not revealing the table of
penalties or the associated problems to MPs, although it is known that the
Association of Chief Police Officers (ACPO) has raised the problem with
Department for Transport (DfT).

Paul Smith, founder of the Safe Speed road safety campaign
(www.safespeed.org.uk) said: "It is absurd that the speed camera programme will
be strengthened just ten days after official figures revealed that only 1 in 20
crashes involve exceeding a speed limit. The speed camera programme has failed
to improve road safety - neither road deaths nor hospitalisations have fallen
as expected. In fact we're ten years behind - and moving backwards."

"I wonder how many MPs are aware that they are being bamboozled by a defective
road safety policy? Department for Transport has long deceived the public,
Parliament and probably themselves about the effectiveness of the speed camera
programme. I guess the habits of a decade are hard to break, even when the
evidence is overwhelming. And it is."

"Drivers have clearly had enough of speed cameras. They haven't made the road
safer, and that's hardly surprising because massive resources are being focused
on a tiny part of the road safety problem. It's time to pull the plug."

"It's clearly important that no one should drive too fast. Despite exceeding
the speed limit being commonplace, most of us never drive too fast. This is
because speed limits do not give an adequate definition of 'too fast'. On one
occasion 30mph may be way too fast, but on another 40mph may be perfectly
reasonable. Speed limits are actually a proxy measure for the desired behaviour
- and that's where the problem lies. We have become obsessed with the proxy to
the point of forgetting the desired behaviour."

<ends>

Notes for editors
=================

ACPO guidelines for speed limit offences set a prosecution threshold of speed
limit +10% +2mph. This arrangement is absolutely necessary to deal with
practical real world limitations in speed measurement techniques. Below these
thresholds it could not normally be proven in court that an offence had been
committed at all.

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Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety


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PostPosted: Sun Oct 08, 2006 11:01 
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I have pondered this before. The GATSO rep has previously stated that his kit is only acurate to +/- 2mph. so how do you set graduated fine thresholds based on absolute measurement... :?

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PostPosted: Sun Oct 08, 2006 17:47 
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A clever defence will tie a Magistrates up in knots with these figures. I believe they're going to having major problems enforcing the law at all with a graduted system of speeds. There's more room for an element for doubt, therefore doubt = not guilty of an offence.


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