A77 Average Speed Camera

Question & Answers

Notice of Intended Prosection (NIP) / Requirement to Identify the Driver

If you have received a letter from us headed 'Notice of Intended Prosecution' this is because you are the last known registered keeper of a vehicle that was detected by a safety camera committing an alleged speeding or red traffic light offence. It is a Statutory Requirement placed upon us to send this notice so that, in normal circumstances, you will receive it within 14 days of the date of the offence stated. In addition, included within the notice is a legal requirement made of you to name the driver or person in charge of the vehicle at the time of this alleged offence. Failure to do so within the specified timescale is a separate offence.
If you have received a letter from us headed ‘Requirement to Identify the Driver’ this is because you have been named by another person as being the driver or person responsible at the time a vehicle was detected by a safety camera committing an alleged speeding or red traffic light offence. There is no time restriction placed on the sending of this letter and it constitutes a legal requirement made of you to name the driver or person in charge of the vehicle at the time of this alleged offence, or any other person who you believe may have information as to the driver. Failure to do so within the specified timescale is a separate offence.
To comply with your legal obligations you must complete and return the form on the rear of the letter received. The following three options are provided for guidance:
Option 1 – ‘I was the driver and my details (including middle names) on the letter as addressed are correct’
Section A, Q1 – Tick the ‘Yes’ box and go to Section A, Q2
Section A, Q2 - Tick the ‘Yes’ box

Now complete the remainder of Section A. You are REQUIRED to sign the form in the box marked ‘Driver’s Signature’ in Section A. Please also provide a contact phone number in Section C.

You are LEGALLY REQUIRED to complete and return the form to the Safety Camera Unit address shown on the front within 28 days of the date of the letter.

Option 2–‘I was the driver but my details (including middle names) on the form are NOT correct’
Section A, Q1 – Tick the ‘yes’ box and go to Section A, Q2
Section A, Q2 - Tick the ‘No’ box

Now complete the remainder of Section A. You are REQUIRED to sign the form in the box marked ‘Driver’s Signature’ in Section A AND complete Section C with your corrected full name (including any middle names) and home address including postcode. Please also provide a contact phone number.

You are LEGALLY REQUIRED to complete and return the form to the Safety Camera Unit address shown on the front within 28 days of the date of the letter.

Option 3 – ‘I was not the driver’ or ‘I was not the owner/keeper/hirer’
Section A, Q1 – Tick the ‘No’ box. Do not complete any other parts of Section A.

Now tick the appropriate box in Section B (If responding on behalf of a Hire Company please also attach a copy of the Hire Agreement).

You are REQUIRED to sign the form in the box marked ‘Signature’ in Section B.

Continue to Section C and add any details requested relevant to the box you ticked in section B and provide a contact phone number.

Important - Do not give this form to a third party to complete as any person named by you will be contacted direct.

You are LEGALLY REQUIRED to complete and return the NIP to the Safety Camera Unit address shown on the front of the form within 28 days of the date of issue.

Images are captured to identify the vehicle, not the occupant(s). You may request copies of the photographic evidence. To do this, contact the issuing office, details of which are on the front page of the NIP form. This will not delay the legal process, you are still LEGALLY REQUIRED to complete and return the NIP within 28 days of the date of issue.

Failure to provide this information is AN OFFENCE (Road Traffic Act 1988, Section 172) and on conviction is subject to a fine of up to £1000 (£2500 if the offence was committed on a motorway) and up to six penalty points. In certain circumstances the Court may disqualify you from driving.

If you cannot recall if you were driving, or if you were not the driver, it is not enough to say that you cannot remember, or that you do not know who was driving. You are obliged to make the necessary enquiry to establish who was driving at the time of the alleged offence and forward this information within the original timescales. If the information is not provided, follow up enquiries will be made by the Police and a report may be submitted to the Procurator Fiscal for consideration of a Prosecution.

If you have completed the form confirming that you were the driver, the matter will normally be dealt with by issuing a Conditional Offer of Fixed Penalty Notice which is the minimum penalty (currently £100 and 3 penalty point licence endorsement) though in certain circumstances a Police report may be sent direct to the Procurator Fiscal for their consideration of a prosecution.

If you receive a Conditional Offer of Fixed Penalty Notice further information on how to proceed with it will be included at that time.

If you were not the driver/keeper/owner/hirer and have completed Sections B or C of the form, the person/company named by you will be contacted but we may need to contact you again for further information.

Requests for additional information will be dealt with as a separate matter and will not delay the legal process. You are still LEGALLY REQUIRED to complete and return the form identifying the driver or person in charge within 28 days of the date of the letter. Failure to do so within the specified timescale is a separate offence.

Mitigating circumstances will not be considered by the Safety Camera Unit in how a detected offence is progressed. If you wish to submit evidence of mitigating circumstances this can only be considered by the Court. Should you wish to do this then you should not accept the Conditional Offer of Fixed Penalty (see below) (if that option is provided), and the matter will be reported for the consideration of prosecution. When the case is called to court you will then have the opportunity to present your case before a finding is made. You are still LEGALLY REQUIRED to complete and return the form identifying the driver or person in charge within 28 days of the date of the letter. Failure to do so within the specified timescale is a separate offence.

Some speeding offences committed in England, Wales and Northern Ireland can be dealt with by attending a speed awareness course held at various venues in these countries. This scheme is not available for offences committed in Scotland.

No, You are only required to return the completed form.

Conditional Offer of Fixed Penalty

A Conditional Offer of Fixed Penalty Notice is an alternative to prosecution in court. It provides you with the opportunity to pay the minimum penalty for the offence (currently £100 and a 3 penalty point endorsement on your driving licence).

You have received a Conditional Offer of Fixed Penalty Notice as you have admitted to being the driver of the vehicle involved in an alleged speeding or red traffic light offence.

IF YOU WANT TO ACCEPT THE Conditional Offer of Fixed Penalty Notice

If you wish to accept/comply with the Conditional Offer of Fixed Penalty you must present the completed tear off slip on the rear of the form together with £100 and your driving licence to The Scottish Courts & Tribunals Service within 28 days of the date of issue as shown on the front of the form, during which time you cannot be prosecuted. Further information is provided in the ‘Where Can I Pay’ section

Please do not send your payment, Conditional Offer of Fixed Penalty or your driving licence to the Safety Camera Unit office.

IF YOU WANT TO CONTEST THE OFFENCE

Should you wish to contest the offence in Court, do not comply with the conditions and penalty set out in the Conditional Offer of Fixed Penalty. This will automatically result in the matter being reported to the Procurator Fiscal for their consideration of a prosecution.

If the Conditional Offer of Fixed Penalty is not complied with within the set time limit, the matter will be progressed and may result in it being reported to the Procurator Fiscal.

Payment can be made in person at any Scottish Sheriff Court with a public payment counter. Alternatively, payment can be made by posting a cheque or Postal Order (crossed and made payable to “The Scottish Courts & Tribunals Service”) to the address below.

Scottish Courts & Tribunals Service
Central Processing Unit
PO Box 23
Glasgow
G5 9DA
Tel 0141 429 8888

A full list of Scottish Court Fines Offices, their contact details and local opening hours can be found at www.scotcourts.gov.uk

Please Note - You must take/send your driving licence when making payment.

The penalty cannot be paid in instalments. If attending the Sheriff Court in person, you can pay by cash, debit/credit card, cheque or Postal Order.

This is a matter for the Scottish Courts & Tribunals Service but they advise that this should be achieved within 7-10 days. If this is not your experience then you should contact them direct for advice. (Tel 0141 429 8888)

General Questions

Under legislation covering New Drivers, gaining 6 or more penalty points on your licence within two years of passing your test will lead to your licence being revoked. You will need to re-sit the theory and practical driving/riding tests before your driving licence can be reissued. You are still LEGALLY REQUIRED to complete and return the NIP form and any subsequent correspondence within the given timescales. Further information can be found at - https://www.gov.uk/penalty-points-endorsements/new-drivers

You can be disqualified from driving if you build up 12 or more penalty points within a period of three years.

Penalty points for these offences are valid for three years from the date of the offence but will remain on your driving record for 4 years. Information relating to penalty points and endorsement codes can be found at - https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points

No, not in relation to the Conditional Offer of Fixed Penalty as this is a prescribed alternative to prosecution where the level of financial penalty and points are fixed by legislation. It is only if the matter is dealt with in court that an alternative fine and points level can be issued following a finding of guilt.

Please contact the DVLA urgently to request a replacement.

No, compliance with a Conditional Offer of Fixed Penalty is an alternative to prosecution. It is only when the matter is heard in court and a finding of guilt is reached that any person receives a criminal record.

The cameras are deployed primarily where they have the greatest potential to reduce injury collisions, and where there is evidence of both collisions and speeding. Please check the About section of this website for more information about the site selection process.