FAQs

What happens if I get caught?

Q: Why have I received a Notice of Intended Prosecution for speeding?

You have received this notice because you are the registered keeper/nominated driver of a vehicle alleged to have been involved in a speeding offence. As the owner/nominated driver you are required, by law, to say who was the driver at the time of the alleged offence.

You should complete the form and send it back to the Safety Camera Partnership. If you don't do this, you may be prosecuted.

Q: The vehicle was being driven by somebody other than myself. What should I do now?

As the registered owner/keeper of the vehicle, you have a duty to identify the driver of the vehicle in question. Failure to provide this information will result in prosecution under Section 172 of the Road Traffic Act 1988.

Q: I was the driver. What happens now?

We need you to complete Part 1 on Form B. In most cases you will then receive a Conditional Offer.

Q: There were no speed limit signs so how was I to know what speed was acceptable?

In this case the most likely answer is that you were in a 30 mph area. The Highway Code clearly states that in a built up area, with a system of street lights, the speed limit is 30 mph unless signed otherwise. The local authority is responsible for signing the highway but legally cannot place additional signs reinforcing the speed limit in a 30 mph area. It is your responsibility as a driver to know what the speed limit is.

Q: What if the driver is no longer in the country?

In this instance you need to prove that the person exists and was in the country at the time of the offence. We will also expect to see a certificate of motor insurance to prove that the person was insured to drive the vehicle at the time of the offence. You are required to provide written confirmation that the driver has returned abroad or has gone abroad for an indefinite period. Appropriate action will then be taken by this office.

Q: My Notice arrived more than 14 days after the alleged offence. Shouldn't I have been notified within that time scale?

The Notice of Intended Prosecution must be sent to the registered keeper within 14 days of the offence either by registered post, recorded delivery service or first class post. Central Scotland Safety Camera Partnership sends all Notices of Intended Prosecution by first class post thereby complying with the terms of the appropriate legislation. If your Notice arrived after this, it means that you have subsequently been named as the driver/keeper/hirer. Please note that a lease/hire/vehicle management company owns many company vehicles.

Q: What happens if I ignore this letter?

Failure to respond will result in your case being passed to the courts for failure to provide information. Complying with the paperwork is simple and quick and gives the opportunity in most cases to resolve the matter without the involvement of the courts.

Q: What if I want to challenge the alleged offence? Can I plead mitigation in this matter?

Please be aware that the Safety Camera Partnership is unable to alter or cancel any offence once it has been committed, regardless of the circumstances. However, you do have the right to challenge the offence in court. In order to do this you must still comply with our paperwork.

After identifying the driver, a Conditional Offer of a Fixed Penalty may be sent to the person identified as the driver. The driver may then elect not to pay the Conditional Offer and a report for the original speeding offence will be submitted to the Procurator Fiscal for consideration of prosecution. You are reminded that the courts have the right to increase the fine and points if they see fit.

Please do not send letters of mitigation to the Safety Camera Partnership.

The following will not be accepted as excuses for exceeding the speed limit and correspondence of this nature will not be entered into. Please note this list is not exhaustive.

I was only speeding because…

I was unfamiliar with the road.
I didn't see the signs.
I didn't know about the cameras.
the road was clear.
it was early morning.
it was late.
it is my first offence.
I have a clean driving licence.
the children were distracting me.
the car behind forced me to speed up.

Q: What is a Conditional Offer?

As an alternative to prosecution, you are being offered the option to pay a Fixed Penalty of £60. You will also have three penalty points endorsed on your licence. The £60 must be paid within 28 days of the Fixed Penalty Notice being issued. Do not send the £60 and your licence to the Safety Camera Partnership. Both must be sent to the address given on your Conditional Offer. Do not send cash through the post. If you are paying in person you may pay by cash, cheque or postal order.

Q: I cannot locate my Driving Licence. What should I do?

You should immediately apply to DVLA Swansea for a replacement/duplicate driving licence (application Forms D1 and D750 can be obtained from any main post office). You are required to produce a current driving licence whether the matter is dealt with by either the fixed penalty system or by way of a court hearing.

Q: What should I do if my name/address details have changed but my driving licence has not been updated?

To avoid exceeding the Fixed Penalty time limit you can send your driving licence, as it is, to the Fixed Penalty payment office together with your payment and the payment form. When you receive your licence back you can then send it to DVLA to have the details updated.

Q: Can I pay a higher penalty and have no points endorsed on my licence?

No. It is not possible to pay a higher penalty to avoid the penalty points. Tendering a payment in excess of the amount stated on the Conditional Offer of Fixed Penalty Notice will not delay or prevent the endorsement of your driving licence in any way.

Q: I sent my licence to the court weeks ago and have not yet received it back. How long does this take?

This is a matter for the clerk of the court to which you sent your licence. Their telephone numbers are listed below, you should contact them directly and not the Safety Camera Partnership.

ALLOA DISTRICT COURT - 01259 720872
FALKIRK DISTRICT COURT - 01324 506072
STIRLING DISTRICT COURT - 01786 443288

The cameras

Q: Can I see the video evidence or the equipment calibration certificates?

You can ask to see the relevant photograph at the Safety Camera Partnership Office or by sending us a written request. Please quote the relevant offence reference number when requesting this information.

The camera calibration certificates are available on our web site. You can also request in writing to have a copy of the certificate sent to you. Please quote the offence reference number when requesting this information.

Q: I didn't see the camera

The visibility, conspicuousness and signing requirements only apply to safety cameras which are recovering costs through fines. These requirements do not affect the legal process for prosecuting drivers who exceed the speed limit. All speed limits should be clearly signed and it is the responsibility of drivers to stay within the legal limit at all times or risk prosecution.

Q: How do you select camera sites?

All mobile camera sites are assessed according to strict guidelines, set by the Scottish Programme Office. These guidelines include factors such as the number of casualties, average speed and length of site.

The rules for the safety camera scheme have been developed to have the most positive road safety benefits. Some cameras may be placed at sites that do not meet the guidelines if they contribute to the overall strategy of reducing road accident casualties.

Q: How do I know that the camera equipment is accurate?

All our equipment is calibrated on an annual basis. The mobile cameras are recharged and checked daily, both before and after use.

The money

Q: How is the Partnership funded?

The Partnership is subject to grant funding and is required to submit an annual operational case to the Scottish Safety Camera Partnership Office.

The Partnership won't make a profit as all fine receipts are passed to the Treasury.

Q: Rather than spend all this money on safety cameras, would it not be better to employ more traffic police?

The safety camera partnership is grant funded by the Scottish Executive, therefore there are no negative costs involved to the police. Funding for police officers needs to be met from a reliable and certain funding source, so it isn't a matter of a choice between cameras or police officers.

General

Q: I passed my Driving Test less than 2 years ago. Can I still be dealt with by the Fixed Penalty System?

If, with this penalty, you accumulate 6 penalty points within 2 years of passing your driving test then you will come under The Road Traffic (New Drivers) Act 1995, whereby the Secretary of State for Transport will order the revocation and removal of your full driving licence. You will need to re-take both the theory and practical driving tests before you can again be issued with a full driving licence.

Q: How long will the points remain on my licence?

Penalty points are valid for a period of three years from the date of the offence. However, they cannot be removed from your licence until four years have elapsed.

Q: Where can I find more information about driving licences and endorsements?

DVLA information booklet D100 is available free at all main post offices; this provides a wide variety of information about all aspects of UK driving licences. Additional information is also available from the DVLA web site www.dvla.gov.uk.

Q: What if I am a Northern Ireland licence holder?

As of the 11 October 2004 Northern Ireland licence holders can apply to the DVLA by means of a D9 application form to receive a GB counterpart, which can be endorsed by the Courts.

Previously a Northern Ireland licence holder, committing an offence in Scotland, was not issued with a Conditional Offer but was processed through the Courts as a non-DVLA licence holder. A DVLA unit has now been set up to deal with the applications and they can be contacted on 0870-240 0009 or www.dvla.gov.uk.

If a conditional offer issued to a Northern Ireland licence holder is returned unpaid from the Court because the person involved did not take up the D9 option, this will be processed as a non DVLA licence holder.