Ford Fiesta - Help for Son

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Fri 19 Jan 2024 18:54
Ford Fiesta - Help for Son - GSR girl

Hi everyone. First time posting here so thanks for accepting me.

I am looking for some help or advice on a situation my son finds himself in. He works as a mechanic and occasionally has to take customers cars out on test drives. He has found out today from his boss, that last week when dropping a customers off, he has been photographed by one of these new camera's, the yellow ones, the ones that dont flash or anything and the first thing you know anything about it, is when you get a letter through the post. He was doing 39 in a 30, but he genuinely didn't know what the speed limit was on this particular road, as he had never been on it before and thought it was a 40, going off the speed of the traffic at the time and the distance between each lamp post.

Anyway the customer has been in touch with his works and his boss in turn has been in touch with my son today and told him. He wont lose his job (thank god) but he is unsure what punishment he will get. I think he is hoping for a speed awareness course, but as he currently has 11 points on his licence (2 SP 70 & a careless driving from an accident in 2021) he is really worried that he may get a ban. His boss seems to think that if he isn't offered a speed awareness, his licence will get revoked, which means after a couple of months he will be able to apply for his licence again and retake his test.

I'd be grateful if anyone could offer any advice or help. Is he likely to get a speed awareness or will his past misdemeanors affect this?

Thank you

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Fri 19 Jan 2024 20:00
Ford Fiesta - Help for Son - Middleman

He should be offered a course for that speed. They are offered up to 42mph in a 30mph ,imit. The only criterion is that he must not have done one in the last three years. His other points should have no bearing on that.

His boss seems to think that if he isn't offered a speed awareness, his licence will get revoked, which means after a couple of months he will be able to apply for his licence again and retake his test.

His boss is wrong. If he is not offered a course he will be offered a fixed penalty of £100 and 3 points. This will make him liable to a "totting up" ban of six months. He can only avoid this if he can show that he or others will face "exceptional hardship" if he is banned. He will not have to take his test again when his ban is over.

I take it he has held a fill licence for more than two years. If he reached six points before that time that's when his licence would have been revoked and a retest required.

One thing he may learn if he does a course is that there are no default 40mph limits. If a road is to be subject to that limit there must be signs saying so. No signs plus lamp posts = 30mph.

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Fri 19 Jan 2024 20:08
Ford Fiesta - Help for Son - GSR girl

Hi, thanks for your reply, Ive just spoke with my son and he did do a speed awareness course in Oct 2021. So bearing this in mind, unless he can plead exceptional circumstances, looks like he'll be getting a ban. Great :(

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Fri 19 Jan 2024 20:39
Ford Fiesta - Help for Son - Middleman

There are two speed awareness courses offered and most forces allow you to do one of each within the three year period. The first is for offences on variable speed limit motorways and the second for all other offences. Do you know what one he did?

Will he or others suffer "exceptional hardship" if he is banned. Here's the Magistrates' guidance when they consider such an argument:

"When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following:

It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn.

Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence;

Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.

If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account.

Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable;

Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others."

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Wed 24 Jan 2024 11:37
Ford Fiesta - Help for Son - GSR girl

Thank you for your reply. I wasn't aware that there are 2 types of speed awareness courses, and having spoke to my son about this, he wasn't aware either and doesn't know which type he did. All he knows is that it was around Oct 2021. If he is banned he will (and me) suffer exceptional hardship. He is the only person in the house who works, I was made redundant a few years ago and shortly after this my husband was killed in a motorcycle accident, which also happened on my birthday. Because of this I have mixed anxiety disorder which I am on medication for and having therapy. My son helps me a great deal, without him I honestly dont know what I would do. I cant and wont drive, I find it far to stressful and become a nervous wreck behind the wheel, so I just dont bother. My son works as a mechanic, his place of work is 17 miles away and public transport where we live is non exsistent, so without his car he wouldn't be able to get to work. Not only that, he test drives customers cars after he has worked on them, collects customers cars and drops them off. His boss is also putting him forward for a assistant manager's training course, which again he would need to drive for. So if he is banned, all this would go and he would lose his job, obviously he wouldn't be any good working as a mechanic if he cant drive customers cars. Which means no money coming into the home, which means I would probably lose my house. Would all this be enough for exceptional circumstances/ special reasons etc. Please help, I am not sleeping at night because its constantly going over and over in my head, what if, what if??

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Tue 23 Jan 2024 01:40
Ford Fiesta - Help for Son - Adam Bligh

if its his first time should just be a course

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Tue 23 Jan 2024 08:39
Ford Fiesta - Help for Son - Middleman

But it's not his first time. He did a course in October 2021. The date of the offence that led to that must have been later than April 2021, meaning he is not eligible to take another of the same type. Unless, that is, one of the offences (either the earlier or the later but not both) was committed in Dorset.

Edited by Middleman on 23/01/2024 at 08:40

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