Penalty question
Discussion
Sorry if this has already been asked/answered but if so I missed it.
With all the camera enforcement of speeding it is now highly likely to be "nicked" unknowingly, if this happens and on receipt of NIP the registered keeper (RK) does not, or can not name the driver and does not use any of the "loopholes" to get out then the RK will presumably end up in court.
If, when in court, the RK still can not/will not name the driver and it can not be proven that the RK was the driver then I understand that the RK is charged with failing to disclose who was driving.
My question is; what is the normal/likely/maximum penalty?
I understand that a fine can be given which is more than the fine that the offence would have carried but how much is the maximum?
Also I understand that points can be given but is the amount of points that can be given a fixed amount for failing to disclose eg 3, or is it the same as the alleged offence would carry eg 3, 6, more - or even a ban.
BTW it is only a question, I'm not in this position, just curious.
With all the camera enforcement of speeding it is now highly likely to be "nicked" unknowingly, if this happens and on receipt of NIP the registered keeper (RK) does not, or can not name the driver and does not use any of the "loopholes" to get out then the RK will presumably end up in court.
If, when in court, the RK still can not/will not name the driver and it can not be proven that the RK was the driver then I understand that the RK is charged with failing to disclose who was driving.
My question is; what is the normal/likely/maximum penalty?
I understand that a fine can be given which is more than the fine that the offence would have carried but how much is the maximum?
Also I understand that points can be given but is the amount of points that can be given a fixed amount for failing to disclose eg 3, or is it the same as the alleged offence would carry eg 3, 6, more - or even a ban.
BTW it is only a question, I'm not in this position, just curious.
Indeed you have missed this, it's been discussed quite a bit.
Sometimes there's a lengthy delay between getting caught and getting dragged up to account. If there is more than one driver insured on the car the police will ask the RK to identify which was driving at the time.
As long as the RK does all they reasonably can to help the police identify the driver nobody gets anything if the driver can't be identified.
Sometimes there's a lengthy delay between getting caught and getting dragged up to account. If there is more than one driver insured on the car the police will ask the RK to identify which was driving at the time.
As long as the RK does all they reasonably can to help the police identify the driver nobody gets anything if the driver can't be identified.
The other way round this (if you are willing to risk perverting the course of justice) is to claim that there were 2 people in the car capable of driving and you cannot remember which one was.
It is then down to the CPS to prove who was driving and if they havent got clear enough photographic evidence it will normally be thrown out.
It is then down to the CPS to prove who was driving and if they havent got clear enough photographic evidence it will normally be thrown out.
madcop said: The penalty for failing to name the driver is the same as if the person was actually driving when the offence was committed.
3 points are awarded (normally) and a means related fine.
I realise that in a FPN offence 3pts would be given but what if the driving offence was a 6pt offence, a ban-able offence or even a jail-able offence would the penalty still be 3 pts for failing to name the driver or would it be appropriate to the actual or alleged offence.
Sorry to ask again but I wanted to know what is the penalty in terms of guidelines, rules or whatever as it would seem from some information that the penalty is 3pts, in which case this could be less (apart from the fine) than the penalty applicable to the offence.
Thanks again.
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