Current penalty for failing to identify the driver

[jjr1]

is? I am curious as it was 3 points and up to a 1000pound fine but I believe that in June it was raised.

And if you do fail to identify the driver can you also receive the penalty for the speeding offence as well?

[206xsi]

But it is not a legal requirement to know who was driving...

[jjr1]

don't worry about that small matter I am more interested in, if you are found guilty what the penalty is....

clearly not signing the NIP may or may not work but what is the penalty?

[jeffreyarcher]

jjr1 said:

is? I am curious as it was 3 points and up to a 1000pound fine but I believe that in June it was raised.

I don't know that the 'normal' (i.e. court) max. fine went up, although it did become a fixed penalty offence on 1?/7/03. I think that it's 3 points and £100, although I have been unable to confirm this.

jjr1 said:

And if you do fail to identify the driver can you also receive the penalty for the speeding offence as well?

They are separate offences, so yes. but they have to be 'proven' individually. One does not follow automatically from the other.

[jjr1]

That is very interesting as assuming the photo is of a very poor quality, it must make sense in the case of excessive speed where you fear more than 3 points to simply say you don't know who was driving and take the lesser penalty.

If the photo does not show the driver clearly where is the evidence of who was speeding?

[jeffreyarcher]

jjr1 said:

If the photo does not show the driver clearly where is the evidence of who was speeding?

Precisely, and even if it did,
1) If you are not in court, how can they identify you?
2) I have seen it suggested that the Regulation of Investigatory Powers Act prevents them from using it as such, although I do not know whether it does or not.

jjr1 said:

simply say you don't know who was driving and take the lesser penalty.

If you do not know, sub-section (4) provides for such a defence.
Road Traffic Act 1988, Section 172.-
(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
What 'reasonable diligence' is is up to the court to decide.
If you go that route it is very likely that you will be prosecuted. There appears to be a conspiracy of silence about that defence, even to the extent that Hampshire Constabulary took the fine rather than let its existence get publicity.
If you provide a list of possible drivers, that may work in your favour.
In your case, it may well be worth flying as you were considering taking the S172 hit anyway.

>> Edited by jeffreyarcher on Wednesday 1st October 12:02