| Common Queries |
| Please note - Strathclyde Safety Camera Partnership cannot consider mitigating pleas. Some of the reasons we receive are listed below. The list is not exhaustive but they are all considered irrelevant in the eyes of the law: click to see |
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| A speed camera has flashed me. When will I know if I am going to be prosecuted? |
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| Why have I received a Notice of Intended Prosecution for a Speeding/Red Light offence? |
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| Which part of the Driver Nomination Form do I have to complete? |
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| I would like to see the photographic evidence/calibration certificate of the camera? |
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| What if I no longer own the vehicle? |
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| If I was the driver, what happens once I’ve returned the completed Driver Nomination Form? |
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| What if I already have points on my licence? |
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| What is a Conditional Offer of Fixed Penalty? |
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| How long will the points remain on my licence? |
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| If I was the driver but cannot find my driving licence, what should I do? |
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| What happens if I cannot name the driver or they are no longer in the country? |
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| I received the Notice of Intended Prosecution more than 14 days after the offence date. Does this mean I cannot be prosecuted? |
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| Is it an infringement of my human rights to incriminate myself by completing the driver nomination form? |
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| Your Answers |
Please note - Strathclyde Safety Camera Partnership cannot consider mitigating pleas. Some of the reasons we receive are listed below. The list is not exhaustive but they are all considered irrelevant in the eyes of the law: click to see
I was only caught speeding because:
I was unfamiliar with the road
I didn’t see the signs
I didn’t know about the camera
I have a clean licence
There were no other vehicles about
I was distracted
The car behind forced me to speed up
I only went through the red light because:
I thought it was on green / amber
I would have caused an accident if I had stopped
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A speed camera has flashed me. When will I know if I am going to be prosecuted?
The Registered Keeper of the vehicle will receive a Notice of Intended Prosecution within 14 days of the alleged offence. If they do not hear anything within this period it is unlikely that matters will proceed any further.
The registered keeper is required by law to complete the Notice of Intended Prosecution, giving details of the driver/rider at the time of the alleged offence. Failure to do so is an offence.
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Why have I received a Notice of Intended Prosecution for a Speeding/Red Light offence?
Because you are the registered keeper/named driver/person responsible for a vehicle that has been detected by a safety camera committing an alleged offence and you are legally obliged to name the driver or person responsible for the vehicle at that time.
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Which part of the Driver Nomination Form do I have to complete?
There are comprehensive guidance notes on the front of the Driver Nomination Form. PLEASE READ THESE CAREFULLY, they will assist you in completing it correctly.
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I would like to see the photographic evidence/calibration certificate of the camera?
Requests should be made in writing to: Strathclyde Safety Camera Partnership, Road Policing Complex, 433 Helen Street, Glasgow G51 3HH.
Please note that photographs can only be provided to the registered keeper, named driver, or legal representative (with written authority). Please note also that requests made under the Freedom of Information (Scotland) Act 2002 for photographic evidence are likely to attract appropriate exemptions in respect of investigations and personal information.
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What if I no longer own the vehicle?
If you have sold/disposed of the vehicle, complete section 3 of the Notice of Intended Prosecution/Driver Nomination Form with the details of when sold and to whom. (Please note, you have a legal obligation to notify DVLA as soon as you sell or buy a vehicle. For further information see www.dvla.gov.uk)
I t may be that you have previously notified DVLA that you have sold/disposed of the vehicle. However, until the new keeper confirms ownership, the only details provided to us by DVLA are yours as being the last known registered keeper. Therefore, there is still a requirement for you to complete part 3 of the form.
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If I was the driver, what happens once I’ve returned the completed Driver Nomination Form?
In general terms, if you were the driver at the time of the offence, the matter can be dealt with by means of a Conditional Offer of Fixed Penalty which will be issued to you. If it cannot be dealt with in this way, the circumstances will be reported to the relevant Procurator Fiscal who will then be responsible for dealing with the matter.
IN ANY CASE DO NOT SEND YOUR DRIVING LICENCE OR ANY FORM OF PAYMENT AT THS STAGE.
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What if I already have points on my licence?
If you have 9 points or more this prevents the matter being dealt with by Conditional Offer and you will have to be taken to court. Drivers who obtain 6 or more points within two years of passing their test will have their licence revoked until they pass another theory and practical test.
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What is a Conditional Offer of Fixed Penalty?
A Conditional Offer lets you settle the matter without having to go to court. The fine for camera detected offences is £60 and you will also have three penalty points added to your driving licence. Nine or more current penalty points on your licence prevents the matter being dealt with by Conditional Offer and you will be contacted by the relevant Procurator Fiscal. If you are within 2 years of passing your driving test - see below
PLEASE NOTE - ALL THE INFORMATION REQUIRED BY YOU TO COMPLY WITH THE CONDITIONAL OFFER OF FIXED PENALTY IS GIVEN ON THE DOCUMENT ITSELF - PLEASE READ IT CAREFULLY.
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How long will the points remain on my licence?
Penalty points are valid for a period of three years, but cannot be removed from your licence until four years have elapsed.
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If I was the driver but cannot find my driving licence, what should I do?
You are still required to complete and return the Driver Nomination Form within the required period. You must contact DVLA immediately to obtain your Driver Number and to request a replacement driving licence. You need to produce a current driving licence whether the matter is dealt with by Conditional Offer or by way of court hearing.
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What happens if I cannot name the driver or they are no longer in the country?
As the registered keeper / named person in charge of the vehicle concerned, you are required by law to name the driver or person responsible for the vehicle at the time of the alleged offence. It is not acceptable to simply say you cannot remember or do not know who was driving it at the time. If you do not name the driver or person responsible, you commit an offence and are liable to a fine of up to £1000 and a minimum of 6 penalty points on your driving licence.
If you name a driver who is no longer in the country, we require details of the person including a full postal address so we can contact them in person. We will also require you to provide a certificate of insurance which covers the named driver for the use of the vehicle. If this is not forthcoming, you could face prosecution for causing and permitting a vehicle to be used on the road without insurance which carries a fine of up to £1000 and up to 6 penalty points on your driving licence. It is not acceptable to simply state the driver had his or her own insurance.
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I received the Notice of Intended Prosecution more than 14 days after the offence date. Does this mean I cannot be prosecuted?
No. The Notice of Intended Prosecution must be sent to the Registered Keeper of the vehicle within 14 days. If you do not receive the correspondence until after the 14 day period, it generally means that the vehicle is registered to a company or other individual who has named you as being the driver or person in charge of the vehicle. Whilst the initial notice must be sent out within 14 days of the offence, any subsequent correspondence has no such restrictions.
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Is it an infringement of my human rights to incriminate myself by completing the driver nomination form?
No. Courts in the UK and Europe have held that, in these circumstances, the interests of the public in general outweigh the interests of the individual.
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