159mph – The Police Driver Who was CLEARED of Speeding

Daily Mail, Thursday May 19, 2005
By David Wilkes and Ray Massey

A policeman who drove his squad car at an ‘eye-watering' 159mph along a motorway was cleared of dangerous driving and speeding yesterday.

Mark Milton, 38, activated a dashboard video camera which recorded him shattering every speed limit he passed through – including 131mph in a 60mph zone and an 84mph dash through a 30mph area.

The officer, an advanced driver, claimed he was ‘familiarising himself' with the newly-delivered 3.2 litre Vauxhall Vectra GSI and seeking to assess its capabilities in the early hours of the morning.

A police officer driving instructor told Ludlow magistrates court in Shropshire that PC Milton would probably have been unable to stop safely at such speeds and should have carried out road tests during daylight hours.

But district judge Bruce Morgan found him not guilty yesterday. He described advanced police drivers as the ‘crème de la crème' who must be allowed to practise. However, he harshly criticised the lack of official policy on the subject – the officer was prosecuted by his own force after the video of his 90-minute journey was examined.

The outcome of the case will outrage members of the public prosecuted for exceeding the speed limit only slightly.

An RAC spokesman said: “Most ordinary motorists will just interpret this as ‘one rule for him, another for everyone else.'”

And the Royal Society for the Prevention of Accidents expressed shock that 159mph was not regarded as dangerous by the court and called for a limit of 100mph on police speeds even in emergencies.

The case has also embarrassed ministers and severely undermined the Government's crackdown on speeding drivers – with 2million prosecutions a year and the 6000 speed cameras already in action likely to double to 12000.

It was at about 1am on Friday December 5, 2003 that PC Milton of West Mercia Police, took the newly-commissioned GSI – described as ‘a beast of a car' – on the road for the first time.

The £21,900 vehicle has a top speed for civilian use, limited by the manufacturer, of 154mph and can accelerate from rest to 60mph in 7.2 seconds. But souped-up police versions are de-restricted with a top speed nearer 170mph.

Under existing guidelines, advanced police drivers testing cars can travel on public roads at speeds they believe is safe to themselves and other motorists.

PC Milton, a Grade 1 advanced driver since 1995, is believed to have reached 60mph in St George's Road, Telford, and 84mph in Redhill Way – both 30mph zones. His speed on the 60mph A5 was recorded at 131mph and he hit 159mph on the M54.

Giving his verdicts, Mr Morgan said PC Milton had driven at ‘eye-watering' speeds, but had the skill to do so and needed to practise in conditions similar to those he might face on operational duties.

“He was driving early in the morning when most people were in bed. The roads were totally and utterly deserted.”

The level of training required to perform as an advanced police driver was likened by Mr Morgan to that undertaken by concert pianists. “Police drivers have to go out on public roads and that's where they have to do their practise. It would be futile to argue that they can go on race tracks or that the road can be closed off.”

But Mr Morgan expressed deep concern at the force's ‘do your own thing' policy on when and where police drivers should practise at high speeds.

He said it followed that ‘any advanced driver can never be prosecuted for speeding as you will always be able to raise the defence that he is practising his skills at this time. Surely this should not happen?”

PC Milton, of Bratton, Telford, left court with his wife without comment other than to say he was relieved. He has remained at work since the incident and has passed a refresher course in advanced driving.

But Brigitte Chaudhary, president of the crash victims' charity Road Peace, said: The acquittal is irresponsible. If he wants to drive like a racing driver why doesn't he practise on a race track?”

And Kevin Clinton, head of road safety for RoSPA, said, “We don't believe 159mph can ever be justified on public roads. Even in emergencies, we consider that driving at 100mph or more is too dangerous.”

A series of accidents involving police vehicles in recent years have led the Daily Mail to campaign for a rethink on how the emergency services respond to 999 calls.

The Association of British Drivers welcomes PC Milton's acquittal but condemned the ‘double standards' which see motorists fined for ‘trivial' offences. A spokesman said: “Drivers are facing hard-line enforcement for speeds just a few miles per hour over limits – often limits the local authority has lowered way below what is reasonable.”