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PostPosted: Fri Jan 14, 2011 19:37 
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Hi -

Does anyone know, if a PCSO (using handheld laser device) catches someone doing say 50 ish mph in a 30 zone (Woods/forestry one side, houses the other) they can take you to court? Do they put your details on a database? - if so, do other officers take you to court?

Just wondering about this as I don't know anything about this area.

Thanks for any help or information.


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PostPosted: Fri Jan 14, 2011 19:53 
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dinin wrote:
...if a PCSO (using handheld laser device) catches someone doing say 50 ish mph in a 30 zone (Woods/forestry one side, houses the other) they can take you to court? Do they put your details on a database? - if so, do other officers take you to court?

Being (legitimately) caught doing 50 (and above) within a 30 limit will automatically result with a court summons.
edited to add: PCSOs do not necessarily entail "legitimately"

http://www.speedlimit.org.uk/faq.html

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PostPosted: Fri Jan 14, 2011 20:25 
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Hi, thanks. With a court summons do you have to attend in person? What's the likelihood with say 52 in a 30 zone.

Thanks.


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PostPosted: Fri Jan 14, 2011 21:06 
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I can think of plenty of of :30: limits where 50 is quite acceptable. There is one near me where there is a school on one side and our fields on t'other. No problem going way faster than the limit for a big chunk of the day along there. The law would say you are a baby murderer but common sense would suggest otherwise. I can think of a few :nsl: that are now :30: too, suddenly it's a major crime to do less than the old speed limit :loco:


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PostPosted: Fri Jan 14, 2011 21:43 
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dinin wrote:
Hi, thanks. With a court summons do you have to attend in person?

This might help (this is for information only, not a recommendation of the firm):
http://www.motorlawyers.co.uk/court/summons.htm

dinin wrote:
What's the likelihood with say 52 in a 30 zone.

I don't quite know what you are asking.

Were you (or whoever): pulled with the police/PCSO showing you the 52, or did you get a NIP through the post saying 52, or did you drive through a speed trap believing you were doing 52 but have not (yet) been given Notice of Intended Prosecution (NIP) ?

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PostPosted: Fri Jan 14, 2011 22:23 
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Hi, yes it was me in the car (around that speed). I was pulled by 2 PCSO's with a handheld speed device. Does anybody know whether Police Community Support Officers report you directly for summons or do they just put it on the Intell database - the officer mentioned just putting it onto a database (didnt say which one) - I'm just not sure whether they themsemves take it any further or is it just a case of, if you were picked up speeding again, they would look at the Intell database again, then throw the book at you. Not sure how it works.

Thanks.


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PostPosted: Fri Jan 14, 2011 22:49 
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Sorry, I didn't pick up on the significance of your first post.
My saying "caught" was meant in terms of legal proceedings, not simply any person with a speed gun.

dinin wrote:
Hi, yes it was me in the car (around that speed). I was pulled by 2 PCSO's with a handheld speed device.

This is interesting, I didn't know PCSOs had authority to pull over drivers. Someone else will have to to confirm/deny this.
Are you sure there wasn't a police officer accompanying them?
I'm assuming they told you that you were doing the 52, as measured by their speed gun (although this probably doesn't matter).

dinin wrote:
Does anybody know whether Police Community Support Officers report you directly for summons or do they just put it on the Intell database - the officer mentioned just putting it onto a database (didnt say which one) - I'm just not sure whether they themsemves take it any further or is it just a case of, if you were picked up speeding again, they would look at the Intell database again, then throw the book at you. Not sure how it works.

This thread could get messy quite quickly (if a certain person starts posting).

It is usually the case that PCSO, if unaccompanied by police officers, usually only do "speed surveys" and hand out advisory notices only, not NIPs.

If the PCSOs did not say that they were giving you 'notice of intent to prosecute' and instead said 'your details are being entered onto a database', then I believe at worst all you'll get is a letter asking you to not be naughty.

If that was an officer holding that gun, chances are you would have ended up in court.

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PostPosted: Fri Jan 14, 2011 22:59 
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Hi Steve - thanks for the advice -

There was 2 of them - one was definately a PCSO with all the badges/labels, Hi Vis Gear etc on - he was the one who took my details etc and talked to me throughout - the other chap had no badges or identifying marks that I can remember (about 60 with grey hair) - he just had a dark navy blue (or black/blue) jumper on and plain dark trousers - he was the guy that eventually showed my the speed device screen with my speed on (he had it in his palm) - this 2nd guy also didn't really say anything to me - it was the PCSO who spoke only to me pretty much - they both appered to be waving me down to pull over, but mainly it was the PCSO with all the bright gear on, the other guy didn't do much. (The PCSO stepped out into the road to wave me down). Bit worried who this 2nd guy was now - anyone have any ideas - was the 2nd unmarked guy a Police Officer ??

Thanks.


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PostPosted: Fri Jan 14, 2011 23:46 
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dinin wrote:
was the 2nd unmarked guy a Police Officer ??

I would say no, but I'm not an expert in this area.

Did they say anything about an Section 59 warning? If so, do get advice from the folks at http://www.pepipoo.com.

I've done some digging.
PCSOs do have the power to stop vehicles, at least for the purposes of carrying out a road check.
It seems they can also ask for names and addresses of drivers, but apparently in specific circumstances.
They do have power to issue some fixed penalty notices, 'exceeding the speed limit' is not one of them.

http://www.apa.police.uk/public-campaig ... cso-powers

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PostPosted: Sat Jan 15, 2011 11:19 
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I might be totally wrong here but I'm guessing that, maybe this PCSO was demonstrating the use of a speed gun to the guy in civvies, who was probably a community speed watcher and perhaps, because the 52MPH was quite excessive for a 30MPH, decided to pull the driver over to "demonstrate some authority" to the civvy?

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My views do not represent Safespeed but those of a driver who has driven for 39 yrs, in all conditions, at all times of the day & night on every type of road and covered well over a million miles, so knows a bit about what makes for safety on the road,what is really dangerous and needs to be observed when driving and quite frankly, the speedo is way down on my list of things to observe to negotiate Britain's roads safely, but I don't expect some fool who sits behind a desk all day to appreciate that.


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PostPosted: Sat Jan 15, 2011 19:53 
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Thanks guys, and for the info Steve - he didn't say anything about a section 59 - it was more of a verbal discusion/warning and mentioned that it would go on a database. The PCSO mentioned that he had already got a few drivers in that period. I've got a feeling that the PCSO had the handheld device initially and took the speed reading, Then, to wave me down he passed it to the other chap (who possibly was a local resident/community speed watcher). Thinking back, the other chap did look a "bit out of place" and awkward - almost as if he didn't know what his role was. I'll just have to wait and see now if anything comes through the post.

Thanks for the help, and I'll post back if there are any developments.

I didn't know you had a cycling forum here - I'm an injured Roadie (knees) :(


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PostPosted: Thu Jan 27, 2011 22:29 
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Hi guys -

Got a letter through the post - luckily it was a Community SpeedWatch setup - just a warning - anyway, will learn from this in a positive manner. Thanks for the help.

Cheers.


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