Genuinely don't know who was driving
Genuinely don't know who was driving
Author
Discussion

hertsbiker

Original Poster:

6,443 posts

292 months

Monday 14th April 2003
quotequote all
Hypothetical question but;-

..say you'd met up with some riding buddies, and you do your usual bike swap (to compare notes etc), and your bike gets a NIP.

Now suppose you never actually knew where all your mates lived - and this is quite feasible that you meet somewhere, what on earth do you put on your reply for identification?

This is a serious, but currently hypothetical question. Would it go to court? what chance do you have of getting off?

rgds, C

outlaw

1,893 posts

287 months

Monday 14th April 2003
quotequote all

Hypothetical question but;-

..say you'd met up with some riding buddies, and you do your usual bike swap (to compare notes etc), and your bike gets a NIP.

Now suppose you never actually knew where all your mates lived - and this is quite feasible that you meet somewhere, what on earth do you put on your reply for identification?

This is a serious, but currently hypothetical question. Would it go to court? what chance do you have of getting off?

rgds, C

yea it would go to court m8

Genuinely don't know who was driving is a legal defence from what i can see.

Duty to give information as to identity of driver, etc., in certain cases.

172.— This section applies—
(a) to any offence under the preceding provisions of this Act except—
(i) an offence under Part V, or
(ii) an offence under section 13, 16, 51 , 61 , 67 , 68 , 96 or 117,
and to an offence under section 178 of this Act,
(b) to any offence under sections 25, 26, 27 and 45 of the [1988 c. 53.] Road Traffic Offenders Act 1988, and
(c) to any offence against any other enactment relating to the use of vehicles on roads.
Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.
In this subsection references to the driver of a vehicle include references to the person riding a cycle.

A person who fails to comply with the requirement of subsection (a) above is guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle or, as the case may be, the rider of the cycle was.

A person who fails to comply with the requirement of subsection (b) above is guilty of an offence.






>> Edited by outlaw on Monday 14th April 10:58

hertsbiker

Original Poster:

6,443 posts

292 months

Monday 14th April 2003
quotequote all
Seems to me that if I asked one of my mates if I could put them on the ID slip, that they'd be a bit stubborn! - it's been something that has troubled me for some time, us bikers often try out eachothers bikes as it lets you diagnose handling/engine faults. Nearly every bike insurance policy is worded so as to permit "riding of bikes not owned/rented by policy holder", so it's not as if you could be done for no insurance..!

Imagine then, "name: Fred Blogg, address: Somewhere in Essex". Yeah. Can see that being a bit tricky to defend, but if it's the truth, then I don't see why I should get done for it, but I'm not going to risk following someone home and risking a fight about it.

Still, hope it doesn't come to that... 2 weeks, and counting. Ooops, that's me hypothetical cover blown then!

C

outlaw

1,893 posts

287 months

Monday 14th April 2003
quotequote all

Imagine then, "name: Fred Blogg, address: Somewhere in Essex".


coulde be fun trying lol


could posibly get togeather with a few m8`s if they all got balls and savy.

and if one of you gets a nip say it was your m8 driving then he says he was driving but not when the pic was taken driving i must have been you as you were swaping backward and forwards during the ride/drive.

but you both stick to the same storie there have a hell of a time try too do anyone for anything as long as there aint a pic of the rider /driver



>> Edited by outlaw on Monday 14th April 11:58

>> Edited by outlaw on Monday 14th April 11:59

JonRB

78,860 posts

293 months

Monday 14th April 2003
quotequote all
You'd lend your bike to some bloke whose address you don't even know?

hertsbiker

Original Poster:

6,443 posts

292 months

Monday 14th April 2003
quotequote all

JonRB said: You'd lend your bike to some bloke whose address you don't even know?


Yep. No problem. Some of these guys I've known for years, and I still don't know their surnames, or where they live. They don't know mine, or where I live either. Yeah pretty strange I must admit, and I met 'em via friend of a friend ! (this is genuine, not a leg pull).

C

dick dastardly

8,325 posts

284 months

Monday 14th April 2003
quotequote all
A friend of mine had a similar thing where he works (they lost the log of who was driving what and when).

He just sent it back to the police with a list of about 20 possible people and never heard from them again. It's far too much investigative work to justifiably be done for £60.

You might be able to do the same thing if the 'I don't know their addresses' doesn't go down too well

Mark Benson

8,261 posts

290 months

Monday 14th April 2003
quotequote all

hertsbiker said:

JonRB said: You'd lend your bike to some bloke whose address you don't even know?


Yep. No problem. Some of these guys I've known for years, and I still don't know their surnames, or where they live.



Gis' a go on yer bike mister....

peter_964rs

287 posts

294 months

Monday 14th April 2003
quotequote all
I lent my car to my elderly parents for a trip down to Cornwall. Whilst away they acquired a NIP. Since they shared driving duties, it was a long trip and they can't remember who was driving when, they are pensioners and (nail in the coffin) they have retired to live in the South of France, then we genuinely didn't know who was responsible, trying to take them to court would be tedious and expensive to say the least, and so the prosecution was dropped.

Enjoy.

DennisTheMenace

15,605 posts

289 months

Monday 14th April 2003
quotequote all

Mark Benson said:

hertsbiker said:

JonRB said: You'd lend your bike to some bloke whose address you don't even know?


Yep. No problem. Some of these guys I've known for years, and I still don't know their surnames, or where they live.


you'll need a HGV licence to ride carls beast

Gis' a go on yer bike mister....