motoring offence

[suagrfury]

I hired a vehicle, and another driver was driving that was not registered. This person was recorded speeding and I have recieved a motoring offence for speeding. If I name the driver will I have points on my licence or will the driver? Will the car hire company get involved will they fine me?
Please respond
 
Sugarfury

[Kev_UK]

It is best to accept the speeding fine.
When I was younger I let someone borrow my motorcyle, they got caught speeding. I told the police it wasn't me and named the driver.. I got done for several things, including aiding and abetting him to drive without insurance.

[Tim Baxter]

Take the fine, get your mate to pay. No probs.

[ccollins108]

I am guessing what has happened to you, so far. You have received a Notice of Intended Prosecution (NIP) from the hire company, who will probably charge you an admin fee (e.g. �25) for forwarding this to you. The Police should also send you an NIP - the hire company will be able to confirm this to you - and you do not need to act until you have received this. They will provide a form, which you need to complete stating whether you were the driver and, if not, who the driver was, with address details. It is the person who has committed the offence, not the car, so they will then pursue the driver and your legal duty has been fulfilled. If you accept responsibility, the likely penalty is �60 and 3 points. If the other driver denies it, I don't know what the likely outcome is - I believe they could still take you to court, if they thought that this was a 'ruse', just to get off.

Your NIP will tell you what type of camera was used in detecting the alleged offence. If it was a Gatso (you can find lots of stuff on the net about types of speeding camera), pictures are taken from behind and they cannot identify the driver from these pictures. On this basis, if you feel that you can't name the other driver, because they shouldn't have been driving in the first place, for example, you can name a person (if you know anyone living abroad) from overseas, ideally with a real address. The police will write back to you asking for further details regarding flight dates, flight numbers, etc, but you are not obliged to answer these questions and there is nothing further they can do. The onus is on the Police to identify you as you are innocent until found guilty. See also the answers provided by Lord Picton at: http://www.theanswerbank.co.uk/Motoring/Question124152-2.html

[livingstone1]

The police may well write to you regarding flight details as ccollins says, they will also want to know all about the insurance that this 'overseas' absconder was using, and expect you to have the details, which you are legally obliged to check before letting someone else drive your car.

[ccollins108]

What livingstone1 says about providing insurance details is not accurate. I can't comment on the situation if you have nominated another driver within the UK, because the Police will then write directly to that driver, which you have nominated. If you have nominated a driver from overseas, they will write to you asking for flight details, ferry crossings, etc, but you are not obliged to provide any of this information. The other driver's insurance details are irrelevant, in this instance. Even in the event that the Police were to ask me, at some future date - because they are not asking me for that information now - I can say that the driver had his own insurance - I'm not obliged to provide any details of that insurance. Again, I refer you to the answers provided by Lord Picton, URL provided in my previous posting. If you nominate an overseas driver, there is nothing that the Police can do unless they are able to identify you, to prove that you were the driver. This is something that they cannot do with most speed cameras.