Speeding & Using a Mobile Phone

[PWD1605]

Hi, I believe I was caught speeding this morning by a Mobile Safety Camera Enforcement Van by Lancashire Constabulary. I believe I was doing 56mph in a 50mph, it is a rubbish junction that soon jumps up to 70mph straight after where the van was parked, however I appreciate that is no excuse, and the black and white is I was speeding.

Unfortunately, and for the only reason I can give is stupidity, I was also using my mobile phone at the same time leading up to the Mobile Safety Camera Enforcement. Lancashire Constabulary's website states the technicians on the vans "can also detect other offences, i.e. drivers not wearing a seat belts or driving not in proper control." This is very open ended and not prescriptive in what else they can monitor, however I am assuming that they can also detect mobile phone usage.

Has anyone come across this before? Does anyone know what the outcome is likely to be? I am concerned I will be disqualified from driving for both of these offences combined. For info I have a clean license and no previous endorsements.

Thanks in advance for any advice or details of your experience if you have been in the same situation.

[HandyAndy]

There's lots of "ifs" here.

If you were doing 56mph you are unlikely to see action for speeding as enforcement begins at 57mph. In fact, if you had an indicated 56mph on your speedo you were almost certainly travelling slower than that as speedos usually over record and they cannot, by law, under record.

If you were not speeding it is unlikely the camera operator would bother any further so the phone offence would probably not be an issue.

If you were speeding there is no guarantee that the photos will be examined for other offences.

However if (that word again) you were found to be both speeding and using your phone you are unlikely to be disqualified. Neither offence would attract a disqualification on its own and where two or more offences are committed at the same time points are only awarded for he most serious (the phone offence in your case, which attracts six points).

Assuming you are the vehicle's Registered Keeper you will have to wait to see what, if anything arrives in the post. For the speeding offence the police must serve a Notice of Intended Prosecution (a NIP) on the Registered Keeper within 14 days of he offence. They will also serve a request for driver's details (as they do not know who was driving). No NIP is required for a mobile phone offence but if it is alleged, it will almost certainly be mentioned on both the NIP and the request.

You must respond to the request for driver's details within the 28 days allowed (if you receive one). Failure to do so will see you commit a separate offence which carries six points and an endorsement code (MS90) which gives insurers a fit of he vapours.