Pulled over for overtaking

[des8]

Re: Pulled over for overtaking

I wasn't meaning to suggest you were speeding, just that that might be on the summons!

[Ciprian.Bogatian]

Re: Pulled over for overtaking

Got it,
101% I wasn't speeding...
See when the letter comes...
The problem is that I'm concern about the points...I don't care about the money for the fine,
I'm a new driver and I've got already 3points for a mistake from my company so if I'll get another 3points I'll loose the license and with that the job as well...

[Openlaw15]

Re: Pulled over for overtaking

Hi again,
Early in the morning,I was pulled over by overtaking in a 40mile/h zone.,
He said it's illegal,
I was overtaking someone who was doing 30,and I was doing 40-42m/h tops,
He said I'll be summoned to court and all that,
Now I would like to know if is it gonna be a fine and point for this?!,
Thanks,
Cip

Did he quote the section of the law for you? Are you interested in challenging this on a point of law, or willing to accept it? If everyone were pulled over by the police for over-taking slow drivers (ie not making progress as per the applicable road speed limits), there would be lots of us in that case. Was it a built up area, was it a narrow road, was it on black spot? If it was dangerous over-taking, ie on a bend the sanction would likely stand, if it was a major road with no dangerous obstacles it's likely an abuse or incorrect use of police powers.

[Ciprian.Bogatian]

Re: Pulled over for overtaking

Hi didn't say much...just that I was overtaking on a 40m/h and it was dangerous...the road is not in a built in area...woods on the left and right as well...quiet and not busy at all...
I'll wait for the letter to see what they're gonna say in it...
I think they had nothing else better to do just to watch the people going to work...
Speeding as I said,no,but I'll double check the road to see if I broke other laws...I think not,

[Ciprian.Bogatian]

Re: Pulled over for overtaking

I would like to know also:
Shouldn't he detailed the offence and shouldn't I sign something on the spot and giving me some sort of paper record or something?!,
I don't know...just asking

[Openlaw15]

Re: Pulled over for overtaking

Hi didn't say much...just that I was overtaking on a 40m/h and it was dangerous...the road is not in a built in area...woods on the left and right as well...quiet and not busy at all...
I'll wait for the letter to see what they're gonna say in it...
I think they had nothing else better to do just to watch the people going to work...
Speeding as I said,no,but I'll double check the road to see if I broke other laws...I think not,

The police officer has duty to enforce the law not his own view of the law. If he did not quote a particular law to you it would seem he has not followed correct procedure. You're permitted 10% plus 3 of the applicable speed limit owing to difficulties accurately measuring speed through speedometers in cars, which are not regulated, unlike certain larger vehicles which are. So if the speed limit were 40, you'd be permitted at least 44. This is guidance for all chief police officers.

[wales01man]

Re: Pulled over for overtaking

In the OPS other thread he was doing 67 in a 60 zone that's 10% plus 1 openlaw not plus 3
In this case it appears not to be speeding untll the summons come through if it does we have no idea what the offence may be

[Openlaw15]

Re: Pulled over for overtaking

I would like to know also:
Shouldn't he detailed the offence and shouldn't I sign something on the spot and giving me some sort of paper record or something?!,
I don't know...just asking

It would seem so, he should have quoted the law, probably written the road offence down, then you sign and he sign. Alternatively, officer you say I did this or that? Can this be verified? Hmm, where's your evidence Officer? I do not remember that officer....I think you must have mistaken my car for someone else's.

[Openlaw15]

Re: Pulled over for overtaking

In the OPS other thread he was doing 67 in a 60 zone that's 10% plus 1 openlaw not plus 3
In this case it appears not to be speeding untll the summons come through if it does we have no idea what the offence may be

It was 10% plus 2, actually, not 3 as I stated.

"The Association of Chief Police Officers (ACPO) has issued speed enforcement policy guidance, which suggests that enforcement will normally occur when a driver exceeds the speed limit by a particular margin. This is normally 10 per cent over the speed limit plus 2 mph. It also sets guidelines for when it would not be appropriate to issue a fixed penalty notice but to issue a summons instead (see below). Note that these are guidelines and that a police officer has discretion to act outside of them providing he acts fairly, consistently and proportionately. " CPS reference.

[Ciprian.Bogatian]

Re: Pulled over for overtaking

I find it quite weird not to sign anything on the spot and not to detail a bit what and how did I break the law...it was all done in a couple of minutes...he took me details and he said I should receive the letter to be summoned at court to explain why did I overtake on a 40m/h,in the next 6 months
Odd...

[Openlaw15]

Re: Pulled over for overtaking

I find it quite weird not to sign anything on the spot and not to detail a bit what and how did I break the law...it was all done in a couple of minutes...he took me details and he said I should receive the letter to be summoned at court to explain why did I overtake on a 40m/h,in the next 6 months
Odd...

It will probably be an offence under section 84, Road Traffic Regulation Act 1988.

- - - Updated - - -

In the OPS other thread he was doing 67 in a 60 zone that's 10% plus 1 openlaw not plus 3
In this case it appears not to be speeding untll the summons come through if it does we have no idea what the offence may be

Can you give me a link to the other thread, please.

[wales01man]

Re: Pulled over for overtaking

Unofficial guidelines on a motorway are 85mph at the discretion of the officer if caught by a police officer not by a fixed or mobile van camera subject to no dangerous or reckless driving This from a family member who is a police traffic officer interceptor as we see on TV ,
He issues tickets for many offences every week the amount would shock you all

[des8]

Re: Pulled over for overtaking

You received a "Verbal Notice of Prosecution"

"This is the one you have to listen carefully for. Under the law it's the legal minimum that you have to receive before a summons. The words aren't clear and may confuse you. They'll be something like: "You will be reported for consideration of the question of prosecuting you for this offence." Although there appears to be need for "consideration" and a "question" to answer you may never hear anything else from the Constabulary before you get a court summons. Make sure that if you've anything to say for yourself, you say it after the verbal NIP. If a verbal warning is given at the time, it must be shown that the defendant understood it (Gibson v Dalton [1980]). Proof that they understood the charge will lie with the prosecution."quoted from PePIPoo site

[Openlaw15]

Re: Pulled over for overtaking

You received a "Verbal Notice of Prosecution"

"This is the one you have to listen carefully for. Under the law it's the legal minimum that you have to receive before a summons. The words aren't clear and may confuse you. They'll be something like: "You will be reported for consideration of the question of prosecuting you for this offence." Although there appears to be need for "consideration" and a "question" to answer you may never hear anything else from the Constabulary before you get a court summons. Make sure that if you've anything to say for yourself, you say it after the verbal NIP. If a verbal warning is given at the time, it must be shown that the defendant understood it (Gibson v Dalton [1980]). Proof that they understood the charge will lie with the prosecution."quoted from PePIPoo site

Notice of Intended Prosecution must be served on him to his address, s.1 (1 (A)), Road Traffic Offenders Act 1988, ..so it's likely needs to be in writing and served to his address, ie not verbal notice.

[des8]

Re: Pulled over for overtaking

Section 1(1) of the Road Traffic Offenders Act 1988 states:

Requirement of warning etc. of prosecutions for certain offences:

(1)Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unlessā€”

(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration,


Verbal is sufficient for most offences