Speeding Fine

[Kassee]

My mate hires a car to drive north with three other friends, all named drivers, all taking turns to drive. They swopped places at the wheel at particular points on the route so all driving roughly an equal amount during the journey. My mate receives a fine from the police for speeding, and x number of points on her license. But she wasn't driving at that point, one of the other drivers was. What should she do ? She doesnt really want the points on her license when she wasnt driving, but she was responsible for hiring the car.

[Buenchico]

If she pays the fine and accepts the points she'll be in exactly the same position that Vicky Pryce was. i.e. she'll be perverting the course of justice (and potentially facing a prison sentence). The law states that she MUST say who was driving at the relevant time.

[boxtops]

If they were driving in different parts of the country, she'll know who was driving. She must say, her mate will have to 'fess up.

[Gizmonster]

......... maybe they swapped drivers that many times and in that many different locations, they can't remember who was driving at that particular point. The law says something along the lines of that you must co-operate as best you can and not withold any relevent inforamtion, etc.
I had a similar incident a while ago - me and a friend couldn't remember who was driving my car. The result - no fine was imposed as we couldn't determine who was driving at the time in question :)

[rockyracoon]

That happened to a friend Giz, no idea who was driving at the time of offence, he asked if there was a photo of the driver but there wasn't so no points or fine awarded.

[Graham-W]

Were all four insured to drive the car? It would be most unusual if the hire car included all of them.
If not, be careful who is nominated to be the driver at the time of the offence. No insurance is much worse than speeding.

[Gizmonster]

Well ....... if you "genuinely" can't remember who was driving at the time ...... maybe due to changing drivers several times and at remote locations, that you cannot recall and assuming that there's no photographic evidence ....... there's not much the courts can do (as long as you do all that they ask, so that you are seen to be fully co-operating) and no one will get fined or receive points :)
As already mentioned, make sure that all the named drivers are insured to drive the car.

[jake-the-peg]

Depending on how the speeding was recorded there may well be a photograph and she might well be able to identify the driver through that - she should definately request whether a photograph is available.

This sort of circumstance one the owner *genuinely* doesn't know and can't identify the driver is a defence but because of that it's going to attract attention and probably threats of prosecution for attempting to pervert etc.

In any case I believe the burden of proof falls on your friend to demonstrate that this is the case and I believe she'll have to go to court and explain this all to them.

In most cases people will decide to just take the points because the hassle and risk doesn't kake it attractive (unless she's already got a lot of points) and the system rather relies on this fact.

I guess she has to ask herself if its worth the fight

[bazwillrun]

Ask for proof that the equipment that says you were speeding has been calibratedie correctly and the person that did the calibration was certified and qualified to do it

[DangerUXD]

she won't have received a "fine" she'd have received an NIP, notice of intended prosecution, this is where she must declare who was driving. I suggest she is truthful, as others have pointed out, recent exmaples of this have ended up with people in jail.

[Kassee]

Thanks all - I think she does know who was driving, because they know where they swopped over and they all drove only once. But she is not happy having to land her mate in it, when the mate is blissfully unaware of what has happened so far.

[March-Hare]

Kassee the law does require her to state who was driving, so there is no way out of that sadly. Also - for whoever said it would be unusual for 4 names drivers to be on a hire car .... from my experience, not at all unusual - in fact encourage by lots of hire companies (multiple drivers, not specifically 4 drivers) as thay usually charge £10 each to add them on (provided they have clean lic) and for long journeys means it's safer for all (and for their vehicle!!)

The following link will give you the point about having to name the driver from a legal point of view: http://www.motorlawyers.co.uk/offences/failing_to_identify_driver.htm

[Hopkirk]

Land her mate in it? That's just silly.

If the mate is blissfully unaware, then she should make them aware.

[March-Hare]

Agreed Hopkirk ... absolutely .... why would anyone take the fine/awareness course/points unnecessarily?

[jake-the-peg]

I had a similar situation once - I phoned them up and explained and they sent the photograph and you could tell (it was the missus!)

If she does the same and the photo is half decent she can show the friend that when she tells him.

If she tries to claim nobody knows then she'll be in court and there's a good chance they won't believe them - especially if she says they only drove once each. Then it might end badly

[Dodger666]

If either of you haven't been done for speeding in the past three years, and you weren't speeding excessively, then all you'll get is an invitation to a speed awareness course, which will cost you £60.00(two years - ago may be more now), and no points on your licence. That's assuming the area you were speeding in operates the course.