What to Do If You’re Unsure Who Drove During a Speeding Offence?

Question from Mr D, What to Do If You’re Unsure Who Drove During a Speeding Offence?

Answer from AI:

If you’ve received a speeding ticket for an offence that occurred on a toll road in the UK, but you cannot remember who was driving your pool car at the time, there are certain steps you should take and legal considerations to be aware of.

Legal Obligations for Identifying the Driver

In the UK, under Section 172 of the Road Traffic Act 1988, the registered keeper of a vehicle is required to provide information as to the identity of the driver at the time of an alleged motoring offence. Failing to do so can result in legal penalties, including fines and points on your driving licence.

Steps to Take

1. Review Any Available Evidence: Check any records you may have that could help identify the driver. This could include work schedules, vehicle sign-out sheets, or toll road statements that show the time of the offence.
2. Communicate with Potential Drivers: If the car is used by multiple people, reach out to them to see if they can confirm who was driving at the time of the offence.
3. Respond to the Notice: You must respond to the Notice of Intended Prosecution (NIP) within the specified time frame, usually 28 days. If you genuinely do not know who was driving, you should communicate this in your response.
4. Seek Legal Advice: If you are unable to identify the driver, it is advisable to seek legal advice from a solicitor who specializes in traffic offences. They can guide you on the best course of action and represent you if necessary.

Potential Consequences

If you fail to identify the driver, you could be charged with ‘failing to furnish information,’ which can carry a fine and six penalty points on your licence. It is important to note that saying you do not know who was driving is not a defence in itself; you must show that you have taken reasonable steps to find out who the driver was.

Legal Advice

Given the complexities and potential consequences of not identifying the driver, it is strongly recommended that you consult with a legal professional. They can help you understand your obligations, the potential defences available, and the best way to proceed with your case.

For more information on the Road Traffic Act 1988 and your obligations as a vehicle keeper, you can visit legislation.gov.uk.

Remember, each case is unique, and this information is not a substitute for personalized legal advice. If you are unsure about any aspect of your situation, please contact a legal professional.