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speeding points
eccsmk - 11/1/08 at 07:25 PM

if someone is caught by a fixed camera in my car do they get the points or do i?
thanks folks

blakep82 - 11/1/08 at 07:27 PM

they should...

don't know if its true, or just true in scotland, but you could just say you don't know who was driving, so they couldn't do anyone for it, but i think now if the driver doesn't own up the owner of the car gets it

NeilP - 11/1/08 at 07:28 PM

Form comes to you as owner, you fill it in detailing the driver - If they don't cop to it then you get them!

caber - 11/1/08 at 07:29 PM

If they accept that they were driving and will sign the forms and pay the fine they get the points not you. If they will not sign the forms then you get the points and the fine.

Caber

eccsmk - 11/1/08 at 07:34 PM

thank you folks
will get the form sent off

TimC - 11/1/08 at 07:53 PM

Is that right? I know of a forum member who said it was his wife driving, she said it was him and nothing came of it....

quote:
Originally posted by caber
If they accept that they were driving and will sign the forms and pay the fine they get the points not you. If they will not sign the forms then you get the points and the fine.

Caber

lotustwincam - 11/1/08 at 07:59 PM

In the Hamiltons case back in 2003, Christine Hamilton got off by saying that she couldn't remember who was driving. Linky

See also info on Speed Trap

Drew

JoelP - 11/1/08 at 08:38 PM

they made a song and dance some time ago about how the registered keeper gets the points by default if no one else takes them. Maybe there is an offence of failing to name the driver? Similar to failure to provide a breath sample.

cossiebri - 11/1/08 at 08:43 PM

How about if i put the car in my son's name? (he's six)

Peteff - 11/1/08 at 08:54 PM

Daughters' bloke got one last week, the ticket went to the lease firm and they passed it on to him.

JoelP - 11/1/08 at 09:00 PM

quote:
Originally posted by cossiebri
How about if i put the car in my son's name? (he's six)


would probably invalidate your insurance! Mine always ask if the car will be registered in my name.

onzarob - 11/1/08 at 09:26 PM

quote:
Originally posted by JoelP
they made a song and dance some time ago about how the registered keeper gets the points by default if no one else takes them. Maybe there is an offence of failing to name the driver? Similar to failure to provide a breath sample.


Thats what I thought the law was now. too many people saying 'I not sure who's was driving'

viatron - 11/1/08 at 09:36 PM

got a letter last year, replide that my wife and i were on a long journey and shared the driving and couldnt remember who was driving at that precise part of the journey.
They threatened all sorts but stuck to my guns and in the last letter enclosed a cheque for the fixed penalty and stated that it was definately either me or my wife driving but if forced into nominating one i felt i would be commiting purjoury by stating a fact that i knew may not be the truth, after 4 letters and 5 months they sent back my cheque with a nice letter about road safety and they had decided in this case not to persue the matter.
Obviously the key to this as it turned out was the picture was of the rear of the car so you couldnt actually identify who was driving.
HTH

K999NNY - 11/1/08 at 09:37 PM

quote:
Originally posted by blakep82
they should...

don't know if its true, or just true in scotland, but you could just say you don't know who was driving, so they couldn't do anyone for it, but i think now if the driver doesn't own up the owner of the car gets it


You wouldnt be fined for speeding but you would be fined for failing to identify the driver when required, which carries the same punishment as a standard speeding fine (sect 172 Road Traffic Act 1988).

JoelP - 11/1/08 at 09:38 PM

knew it was something like that (smartarse)

turbodisplay - 11/1/08 at 11:17 PM

Failing to name driver is now 6 points, sed to be 3 but that gave no incentive to name driver.

Interesting if your cars cloned, the onus is on you to prove its not your car.
Darren

[Edited on 11/1/08 by turbodisplay]

eccsmk - 12/1/08 at 12:14 AM

i've learned alot more now.
reason i asked is because my little sister used my grandparents car to take some stuff home and was caught speeding and obviously grandparents were worried
many thanks to all
atb
martin

Johnmor - 12/1/08 at 10:03 AM

The owner of the vehicle will not be held responsible if there is no evidence he was driving, they cant do it that way.
They can persue the owner for him to admit driving or indicates who was driving but unless he admits the offence or there is other evidence (photo etc) they cant simply charge the owner.

In a recent case a farther admitted responsibility for a speeding offence committed by his son, as the youngster wanted to protect his insurance. The idiot then bragged to his mates, police found out , put the farther under pressure he admitted offence and was charged with perverting the course of justice and got 28 days inside.
If they charge the owner without evidence they are guilty of a similar offence.


Thats my understanding of the situation

JoelP - 12/1/08 at 12:57 PM

having spent a few minutes researching just now, it seems that sec172 rta 1988 requires you to either name the driver, or provide a list of possible drivers. This would seem to be what the hamiltons did. Failure to do one of these after recieving a NIP would get you points and a fine.