Speeding Defence

[Tombhoy]

Hi I would like a little advice please. I was driving along the M4 in the middle lane behid a white van. The van driver was driing erratically by braking suddenly and swerving slightly. I assumed he/she was on the phone or otherwise occupied so i decided to overtake. I accelerated from 70 to around 85 and pulled out to the outside lane, I then came around a long bend and saw a roadside camera van on an overpass around a quarter of a mile away, I immediately braked down to 70 and the white van passed me in the middle lane. Would I have a defence by saying I was speeding in the interests of road safety to get passed the van? This was 4 days ago and I have yet not received a NIP.

[redcrx]

why did you have to get around the van. The simplest solution would be to back off from the van and then continue at 70mph at a safe distance behind.

I cant see how you could use the fact that you felt unsafe as a defence for speeding.

[mr rusty]

No defence at all I'm afraid- as we all know cameras are nothing to do with road safety but everything to do with collecting revenue.
Next time you're behind mr erratic 'professional' driver munching his yorkie and texting his mates, just back off instead........though of course you may not have been clocked by the van, or it may have just been one of those traffic survey vans or possibly coppers just doing ANPR rather than speed clocking.

[Tombhoy]

Thanks for the reply. What I unintentionally omitted was that the van was also slowing down and speeding up without reason,it was when he/she slowed to around 60 in the middle lane that I pulled out to overtake and the van accelerated again also. As I was in the outside lane abreast the van I decided to try and get past it and continue with my journey.

[chazza]

If the van had slowed to 60mph, you shouldnt have needed to exceed the speed limit to 85 to overtake it, so I dont think this would be a good defence.

If it sped up again, as others said, you should have slowed down to let it go on

[testmonkey]

If you do get a NIP I'll feel sorry for you Tombhoy.

If a traffic cop had witnessed the incident all factors would be taken into consideration and the van driver would be getting a talking to whilst you would just go on your way.

As for slowing down and backing off the van - it could work but may not. As an ex-professional riding instructor my advice would be that the best hazard is the one that's behind you. If the guy in the van is going to crash or cause someone else to do so the best place to be is in front of it.

Unfortunately this camera culture we've inherited in this country just means that the standard of driving is getting worse and going unpunished and your defense is useless.