If a motor vehicle is involved in an offence, such as speeding which is caught by a speed enforcement camera, the owner of the vehicle has an obligation to identify the driver of the vehicle at the time of the offence. The offence is also referred to as ‘failure to nominate’ a driver.
This is the form which you will receive which asks you to provide the driver’s details. It is an offence not to provide these details, punishable by 6 points on your licence and a fine of up to £1000.
You cannot simply say that you do not know who was driving the vehicle and expect that to be an end to the Police’s enquiries. If you genuinely do not know, you will need to show that you have exercised reasonable diligence in trying to find out who was driving. A first step would be to request a copy of the enforcement camera photo.
Owners of company vehicles cannot escape responsibility by simply saying that it is a pool vehicle and therefore they have no way of knowing who was driving it at the time. The rules for company vehicles are that records should be kept as to who was driving the vehicle at any given time; effectively an ongoing log should be kept.
If you are faced with a situation where you do not know who was driving a vehicle involved in an offence, contact us and we will advise you on the best course of action.
Misleading the Police by attempting to pass penalty points off to a spouse or other third party to avoid hikes in insurance costs or a disqualification under the totting up rules is a serious matter.
Offenders face being prosecuted with an offence of perverting the course of justice.
If you are charged with perverting the course of justice please contact us for advice.
You do not need a solicitor to represent you at Court, but would be well advised to consider obtaining one, and particularly if your case is complicated and/or you think you might want to plead not guilty. A Court will not be impressed by someone with little understanding of the law trying to defend himself based on hearsay and incorrect advice.
A solicitor with specialist knowledge and experience of motoring law will offer you the best chance of achieving a favourable outcome in your case.
Contact us to speak to one of our solicitors and to find out how we can help you.