This may help someone else -
My VW is a SWB T30 I got clocked going 62mph on the A39 in Cornwall. The ticket says EXCEEDED SPEED LIMIT CLASS OF VEHICLE! Here are the facts for those that do not know them. If your van meets certain criteria then it has the same speed limit as a normal Car. Here is the letter I sent to the police safety camera unit and the response is attached so others may use it as a case in law if they wish.
LETTER:-
As i understand it you have issued a speeding notice based on “CLASS OF VEHICLE”. Upon looking into this in some detail is appears that you have incorrectly thought my vehicle was restricted to the lower speed limit set out for commercial Vans and similar vehicles.
Based on that assumption your notice would be correct because the speed limit for such a vehicle would be 50mph on this carriage way, as you have stated on your Notice.
However you may not be aware that my vehicle is in fact a factory standard - "Dual Purpose Vehicle”- and as such is subject to the higher limit of normal road cars and therefore the speed limit for my vehicle on this carriage way would be 60mph.
For the avoidance of any doubt the Road Traffic act 1986 clearly states that a Dual Purpose Vehicle is determined by the following definition regardless of the stated class on the V5.The category N1 is not relevant. Please see extract below from government legislation:-
Road Traffic act 1986 Legislation
Dual Purpose Vehicle :-
a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kg
be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle; and
be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres at the rear;
So with regard to my VW transporter -
Firstly it is a non commercial vehicle and not registered as such.
Secondly, it is called a “VW Transporter KOMBI “ - KOMBI = Combination vehicle or Dual Purpose Vehicle.
Thirdly, Body type on the V5 is “VAN/SIDE WINDOWS “
Fourthly, The unladen weight on the v5 is known as the "Mass in service” it is 2055 kg - however you must deduct the weight of fuel and a driver as set out below which would make my van fall well below the limit of 2040kg - a full tank of fuel weights around 80 kgs.
Unladen weight :-
the weight of a vehicle or trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment.
Fifth, My VW has seats fitted in the back by the manufacturer and also rear windows.
So in short my VW transporter actually meets all the requirements for a Dual Purpose vehicle and therefore is subjected to the upper speed limits on this carriage way and others in the UK.
Your Speed camera has shown that the speed was in fact 62mph and i am very aware that by the letter of the law this is over the speed limit by 2mph.
I would hope however that given roads are not flat and peoples feet don't always sit smack on the actual limit that perhaps you might see that this was not flouting the speed limit but just the nature of sensible driving which fluctuates a little - within reason of course.
My wife was driving at the time and has no previous speeding convictions and was adamant she was using the cruise control set to 60mph.
So i am hoping that given the mistake of classifying my Vehicle incorrectly you may see fit to over look this rather than waste the time of the Police and Magistrates.
Please find images of my VW attached and the V5 Information as stated in the above FYI.
Please could you let me know if you still wish to pursue the intended notice. Again thanks for your time on this.
They accepted this info - had no choice hope this is of use to someone less out there.
My VW is a SWB T30 I got clocked going 62mph on the A39 in Cornwall. The ticket says EXCEEDED SPEED LIMIT CLASS OF VEHICLE! Here are the facts for those that do not know them. If your van meets certain criteria then it has the same speed limit as a normal Car. Here is the letter I sent to the police safety camera unit and the response is attached so others may use it as a case in law if they wish.
LETTER:-
As i understand it you have issued a speeding notice based on “CLASS OF VEHICLE”. Upon looking into this in some detail is appears that you have incorrectly thought my vehicle was restricted to the lower speed limit set out for commercial Vans and similar vehicles.
Based on that assumption your notice would be correct because the speed limit for such a vehicle would be 50mph on this carriage way, as you have stated on your Notice.
However you may not be aware that my vehicle is in fact a factory standard - "Dual Purpose Vehicle”- and as such is subject to the higher limit of normal road cars and therefore the speed limit for my vehicle on this carriage way would be 60mph.
For the avoidance of any doubt the Road Traffic act 1986 clearly states that a Dual Purpose Vehicle is determined by the following definition regardless of the stated class on the V5.The category N1 is not relevant. Please see extract below from government legislation:-
Road Traffic act 1986 Legislation
Dual Purpose Vehicle :-
a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kg
be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle; and
be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres at the rear;
So with regard to my VW transporter -
Firstly it is a non commercial vehicle and not registered as such.
Secondly, it is called a “VW Transporter KOMBI “ - KOMBI = Combination vehicle or Dual Purpose Vehicle.
Thirdly, Body type on the V5 is “VAN/SIDE WINDOWS “
Fourthly, The unladen weight on the v5 is known as the "Mass in service” it is 2055 kg - however you must deduct the weight of fuel and a driver as set out below which would make my van fall well below the limit of 2040kg - a full tank of fuel weights around 80 kgs.
Unladen weight :-
the weight of a vehicle or trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment.
Fifth, My VW has seats fitted in the back by the manufacturer and also rear windows.
So in short my VW transporter actually meets all the requirements for a Dual Purpose vehicle and therefore is subjected to the upper speed limits on this carriage way and others in the UK.
Your Speed camera has shown that the speed was in fact 62mph and i am very aware that by the letter of the law this is over the speed limit by 2mph.
I would hope however that given roads are not flat and peoples feet don't always sit smack on the actual limit that perhaps you might see that this was not flouting the speed limit but just the nature of sensible driving which fluctuates a little - within reason of course.
My wife was driving at the time and has no previous speeding convictions and was adamant she was using the cruise control set to 60mph.
So i am hoping that given the mistake of classifying my Vehicle incorrectly you may see fit to over look this rather than waste the time of the Police and Magistrates.
Please find images of my VW attached and the V5 Information as stated in the above FYI.
Please could you let me know if you still wish to pursue the intended notice. Again thanks for your time on this.
They accepted this info - had no choice hope this is of use to someone less out there.
