What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
Transit - Speeding in Transit panel van - TheNorfolkOracle

Hello, Not a major issue, probably £100 fine and some points, I have a clean licence at the moment, but, after passing many mobile speed cameras, police cars etc doing 70mph in my van with no issues for many years, now been clobbered for doing 77mph on dual carriageway rather than 60mph. You can only do 70mph in car derived van, not that anyone has ever been bothered about that before, I knew, just assumed they never did. But, was clocked at 800m and on a bend, I have downloaded their cert of conformity but their tests are only done up to 150m. Not sure it's worth arguing as £100 and 3 points won't affect me too much, but what are your thoughts on this situation? Thanks!

Transit - Speeding in Transit panel van - Middleman

My thoughts are these:

An approved device operated in the approved manner is assumed to be reliable unless the contrary can be proven. If you wish to defend the charge on the basis that the device could not be relied upon to measure your speed the burden falls to you to prove it. Simply saying the tests are only carried out at a shorter distance than you were detected will not cut the mustard. If you get hold of the documentation for the device you will probably find that it is deemed reliable at a far greater distance than 150m – probably up to 1km. It is not sufficient to show that “this could have happened” or “that might have happened”. You have to prove that something definitely did happen in your case which caused unreliability. This is very difficult even with expert assistance and near enough impossible without it.

You will almost certainly be offered a fixed penalty (£100 and 3 points). In fact, that speed is only slightly too fast for the offer of a course (up to 75mph where a limit of 60 is in force).

You would be well advised to accept such an offer. If you challenge the charge and fail (which is highly likely for the reasons I have outlined), the cost is high. You will pay a fine of half a week’s net income, a surcharge of 10% of the fine but most crippling of all are the prosecution costs. These will start at £620 but could be much higher if the prosecution has to enlist expert help to counter yours.

You must return the request for driver’s details within the 28 days allowed. Failure to do so means you commit a separate, more serious offence which carries a much heftier fine, six points and an endorsement code that will cause you insurance grief for up to five years.

If you do accept a fixed penalty do not forget to pay and send in your licence within the time allowed. Quite a few people fail to send in their licence and end up seeing the matter dealt with in court, where it will cost them far more than £100.

Transit - Speeding in Transit panel van - TheNorfolkOracle

Thank you for your reply. It's blooming annoying as I did see them way in the distance and slowed down, sub 70mph as far as I was aware, and my dashcam always has me a bit slower than my speedo too. But still probably not worth arguing. Thanks.

Transit - Speeding in Transit panel van - Bromptonaut

I'd endorse Middleman's advice. You're bang to rights here and unless they step outside guidelines and offer you a course the it's fine/points and all you can do is minimise the damage by taking them.

The issue that needs to be tackled is the ridiculously outdated limits for vans. They actually apply to all vans with an exception for car derived vans with a max laden weight less than two tonnes. The limit dates back to the fifties/sixties when the vans were things like the Bedford CA, Commer and Thames 400. Top speed, braking and steering on these and even early Transits was not comparable to contemporary cars and lower limits were prudent. Quantum leap in eighties with vans like Trafic which had proper brakes, precise steering and front wheel drive. A limit by weight/size might make sense with the biggest panel vans but those under 3 tonnes are no more potential trouble at 70 than a large SUV. Perhaps less.

The term car derived van is also an anachronism with plenty of cars being derived from vans and where only a floorpan links a van and car. My Berlingo Multispace tips the scales at just over two tonnes fully laden. Car speed limits apply to it but would not if it lacked seats and windows. Some versions of the van are less than two tonnes.

Review of speed limits should be on wish list for legislation once the Brexit logjam is shifted.