Frequently Asked Questions
General questions
Please note - Lothian & Borders 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.
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
Are my human rights infringed if I respond to the Notice of Intended Prosecution?
No. You are still required to provide the information required. In O’Halloran and Francis v. The UK 2007 an appeal was made to the European Court of Human Rights relating to a conviction for speeding and a failure to give driver details as required by s.172 of the Road Traffic Act 1988.
It was decided by majority vote that there was no breach on the basis that “Having regard to all the circumstances of the case, including the special nature of the regulatory regime at issue and the limited nature of the information sought by a notice under section 172 of the Road Traffic Act 1988, the Court considers that the essence of the applicants’ right to remain silent and their privilege against self-incrimination has not been destroyed.”
How do I know what the speed limit is?
Speed limit signs are clearly shown and are the responsibility of the road’s authority. In built-up areas where there is street lighting the speed limit will be 30MPH unless there are signs showing otherwise.
Speeds also vary according to the type of vehicle and guidance on this appears in the Highway Code and on the national speed limits page.
How is the Safety Camera Partnership funded?
The Partnership is funded by a grant from the Scottish Government administered by the Scottish Safety Camera Programme Office.
I cannot find my driving licence. What should I do?
You must apply immediately to DVLA Swansea for a replacement/duplicate licence. Remember that you will need to produce a current driving licence whether the matter is dealt with by Conditional Offer or by way of Court hearing. If the 28-day payment period has expired, the relevant Procurator Fiscal will contact you in due course.
What should I do if my details have changed but my licence hasn’t been updated?
To avoid exceeding the Conditional Offer time limit, you should initially send the driving licence to the relevant JP Court Office together with your payment and the payment form. Make sure that you tell the Court that you have changed address in order that your driving licence is returned to the correct address. When you receive the licence back, you must send it to the DVLA to have the details changed.
I passed my driving test less than two years ago. Can I still be dealt with by Conditional Offer?
Yes, unless this penalty means that you accumulate 6 or more points within two years of passing your driving test. In this case, the matter will be reported to the relevant Procurator Fiscal who will deal with it accordingly.