what section of law??

[drugrin]

I wonder if some one can help me with a law question?

I need to know what section of law it states that a person needs to be identified for a prosecution to take place

What part of law ie, under section ?? of the ?? .

Basically I drive a company car insured any driver however I am the registered keeper. Several people of my family drive the car. A speed camera has taken a picture of the BACK of the car (the drive is not shown) doing only 2mph over the maximum of +10%+2mph. however due to the time taken for the notice of prosecution getting to me (being a company car) I simply can not remember who was driving the car at the exact time of the alleged offence

Hope someone can help

Regards

[pauln90]

I presume you mean the part of the legislation that requires you to name the driver at the time of the offence.

Section 172 of the 1988 Road Traffic Act places a burden on the owner of a motor vehicle to give information as to the identity of the driver of the vehicle at the time of an alleged offence, such as speeding.

I think you have 2 options. Try harder to name the driver or 2 go to court and try to prove that you have used " reasonable dilligence" to try to identify the driver.

[cathfromsaron]

i seem to remember, the hamiltons got off with the 'don't know who was driving' defence ... look that up?

[New Judge]

Firstly a point of clarification. The maximum permissible speed is not the “speed limit + 10% +2mph” as you suggest. The maximum permissible speed is the speed limit, full stop, and you can be prosecuted for exceeding that limit by any amount, however small. The “10% + 2” allowance has been set by the Association of Chief Police Officers to help the police and Safety Camera Partnerships in their decision whether to initiate prosecution/fixed penalty action or not. It is designed to make an allowance to reduce the number of frivolous defences which challenge the calibration of instruments, etc.

Now for Section 172. If you believe you cannot identify the driver at the time of the alleged offence you must decline a fixed penalty for speeding (if offered) and wait for a S172 prosecution to be initiated. You must then go to court and should plead not guilty. Your defence will be that you cannot reasonably be expected to be able to identify the driver (because of the time delay you mention). It will be a matter for the court to decide whether you have exercised “due diligence” in your attempts to identify the driver.

By the way, I don’t understand why the NIP took a long time to reach you as they are sent in the first instance to the Registered Keeper, which you say is you. If you are using the time delay as part of your defence, this may be something to your advantage but it depends on the circumstances.