Camara Van Question

[CatherineJ]

A question for those in the know.

A NIP has arrived on our doormat this morning and what has surprised me is the following

The car was travelling away from the Van and not towards it. So although the car was travelling on the left the Van would have been parked on the Right and pointing in the opposite direction.

Can that be correct?

[bluesandtwos]

Yes.

[puggit]

Although on a dual carriageway I think they are not allowed to zap across the central reservation?

[CatherineJ]

Sadly this was a single carriageway where the road goes from 30 - 60. The car was leaving the 30 zone and heading towards the 60. No excuse I know.

[TSS]

puggit said:

Although on a dual carriageway I think they are not allowed to zap across the central reservation?

They do in Northants. My brother got caught this way - 48 on a 40 with no other traffic around.

[puggit]

CatherineJ said:

Sadly this was a single carriageway where the road goes from 30 - 60. The car was leaving the 30 zone and heading towards the 60. No excuse I know.

Prime location for highway robbery...

[jwo]

i was done on dual carriageway in this way - saw van, thought they couldn't do me and carried on! Contested it but got stuffed.

[Mr Whippy]

All in the name of safety ladies and gents

Them 30-60's on single carriageways can be deadly unless you wait until the national sign to let all hell break loose!

Dave

>> Edited by Mr Whippy on Friday 3rd February 09:46

[trax]

Picture taken from the rear? Can you remember who was driving?

[CatherineJ]

Yes we believe it was my other half.

[justinp1]

CatherineJ said:

Yes we believe it was my other half.

I think what Trax is saying is that if neither of you can remember who is driving, then the onus is on the CPS to prove which of you were driving!

This may be difficult from a fuzzy photo of the back of a car...

[SS2.]

justinp1 said:

CatherineJ said: Yes we believe it was my other half. I think what Trax is saying is that if neither of you can remember who is driving, then the onus is on the CPS to prove which of you were driving! This may be difficult from a fuzzy photo of the back of a car...

Hmmm, not wishing to appear negative but CatherineJ has already intimated the identity of the driver is known so tread very carefully here...

If the RK is genuinely unsure of the driver at the time of the alleged offence then there is a legitimate defence:

Paragraph 4 S172 RTA1988 said:

(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.

'Reasonable diligence' would include checking fuel receipts, garage CCTV, mobile phone records, re-visiting the scene to jog the memory, etc etc.

For a ss(4) defence to succeed, the defendant would have to appear credible to the Magistrates and would almost certainly have to give oral evidence under oath. The defendant would be committing perjury if they knew who the driver was but gave false testimony in court. The penalty for perjury is way more serious than the £60 and 3 points likely to be handed out for the speeding offence - just ask Jeffrey Archer..



>> Edited by SS2. on Friday 3rd February 13:27

[Boosted Ls1]

CatherineJ said:

Yes we believe it was my other half.

Yep, it could have been. Or you may have swopped drivers part way through a journey. Or, made the journey 2 times for some reason and are not sure who was driving at that exact time. I wouldn't rush to complete the NIP. Wait a few days to let the memory dim and then ask them if they can send you a photo of the driver/vehicle to help you meet your obligations. I've even heard of people picking up hitch hikers carrying trade plates and letting them drive. If you can't be sure who was driving you need a plausible explanation.

It can be a risky business and as said perjury is a serious offence.

Boosted.