quote:
Originally posted by NS Dev
quote:
Originally posted by Avoneer
And now the Police are heavily enforcing the offence of "registered keeper failing to give information as to the identity of the driver" -
this alone is a 3 point and fine offence.
Pat...
...................which they cannot do if the car is insured for several drivers who all had free access to it in the absence of the registered
keeper!!!!!!!!!!!!!!
If they try that one on then they are up against the human rights stuff!!
nope. thats totally wrong.
the human rights act DOES NOT apply in this case.
they are merely asking who the driver was at the time and NOT asking for you to admit guilt. I know its the same thing, but the law doesn not see it
that way!
You have a responsibility under UK law to KNOW who is driving YOUR CAR at any time. You cant just say oh yeah, half my family drives the car so i
dunno who was driving on that day. You cop it as the registered owner.
The form doesnt ask you to admit guilt, just to identify the driver. If you cant, then you break the legal requirement of knowing who was driving the
car as registered owner.
One way might be if a husband and wife were driving, and lets say hubby was reg owner. Hubby says wife was driving (so you have met the obligation)
then wife says nope, it was hubby. I dont know how the law deal with the circular argument.
YOU ABSOLUTLEY HAVE TO GIVE A NAME AS THE REG OWNER IF YOU GET A SPEEDING NOTIFICATION.
The earlier post about someone getting off because they didnt know who was driving is a bit daft, as merely not filling in the form (which is what i
did) will get you an ms90. To be precise, i sent the form back FOUR TIMES (they tried hard) saying i didnt know who the driver was. I got a straight
prosecution for failing to provide info on the form. So, the case mentioned shoudnt have gone to court to be able to argue if it was husband or wife.
an offence was committed when the form wasnt completed. All the argument in court should have been was who would cop the speeding fine IN ADDITION to
not filling the form in.
atb
steve
[Edited on 9/6/05 by stephen_gusterson]
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