Pushing tin said:
not sure if i've understood you correctly,
the driver is claiming he would not have been got speeding if the op had been going slower or not been there, because the op was going at the speed limit or slightly above, the driver of the BMW had to break the speed limit in order to get past.
what the speed cameras don't take into account is that you can break the speed limit in order to overtake a slower moving vehicle if its the safe thing to do in order to minimumise the amount of time spent on the wrong side of the road provided you drop back to the correct speed once past the slower vehicle
obviously if this was allowed for people would just use the wrong side in order to avoid the fine.
Err no, the speed limit is an upper limit; no ifs, no buts. The driver of the BMW discussed here didn't *have* to break it; they *chose* to break it. The use of 'must not' in the Highway Code makes clear that speed limits are enforceable by law....
Speed limits
124
You MUST NOT exceed the maximum speed limits for the road and for your vehicle (see the table above). The presence of street lights generally means that there is a 30 mph (48 km/h) speed limit unless otherwise specified.
[Law RTRA sects 81, 86, 89 & sch 6]
125
The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions. Driving at speeds too fast for the road and traffic conditions is dangerous. You should always reduce your speed when
* the road layout or condition presents hazards, such as bends
* sharing the road with pedestrians, cyclists and horse riders, particularly children, and motorcyclists
* weather conditions make it safer to do so
* driving at night as it is more difficult to see other road users
Use a fixed point to help measure a two-second gap
126
Stopping Distances. Drive at a speed that will allow you to stop well within the distance you can see to be clear. You should
* leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down or stops. The safe rule is never to get closer than the overall stopping distance (see Typical Stopping Distances PDF below)
* allow at least a two-second gap between you and the vehicle in front on roads carrying faster-moving traffic and in tunnels where visibility is reduced. The gap should be at least doubled on wet roads and increased still further on icy roads
* remember, large vehicles and motorcycles need a greater distance to stop. If driving a large vehicle in a tunnel, you should allow a four-second gap between you and the vehicle in front....
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070304