FPN Registered owner of car out of country at time

Cavanbhoy

HI, received a fpn from speedvan while I was out of country on holidays.

One of my sons driving.

Can I challenge notice in court that I was out of country and not sure who was driving

and chances of being sucessfull

photo was of rear of car.

10-10-20

But you know who was driving. Why would you not use it as a life lesson?

mikeecho

Its up to the registered owner to account for who was using the vehicle at the time.

Might sound harsh, but that's the law.

Damien360

Is your son insured to drive the car ? Has he a license ? I don’t remember having to name my insurer for my points so maybe that’s a nothing but I definitely had to give my licence number.

I can’t find the exact wording online but you as owner of the car have to nominate the driver of the car at the time to avoid the points going to you. If you didn’t report it stolen at the time, I can’t see a judge being too happy with you chancing your arm in court saying you didn’t know who was driving.

User1998

I’m sure if you went to court and showed the judge your flight details, accommodation, other proof etc. it would probably be thrown out.

I had something similar years ago and I showed the prosecuting Garda evidence to show I was in another part of the country and the court date was cancelled

Get Real

"What happens if someone else was driving my vehicle?

If the driving offence was detected by camera, the notice is sent to the registered owner of the vehicle. If the registered owner was not driving at the time of the offence they should fill out the form attached to the notice, giving details of the person who was actually driving. This should then be returned to the Fixed Charge Processing Office with the original notice. Do not enclose payment. The Gardaí then issue a notice to the driver"

https://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/penalty_points_for_driving_offences.html

Can't advise on your hypothetical court appearance. What to do the right way is outlined fairly clearly.

Stephenc66

https://www.boards.ie/discussion/comment/119180561#Comment_119180561

Sticking with the hypothetical

From Get Real's link there is an obligation on the registered owner to say who was driving the car if they were not.

In this case the OP says sons plural. If the OP's sons have permission to drive the car in his absence, but they refuse to say which one was driving, the OP can not fulfil his obligation. He now finds himself in court accused of speeding. He has concrete proof it could not have been him. Surly the case must be dismissed. Then it is up to the Garda to investigate further or not

Cavanbhoy

Cheers, Stephen that is exactly what happen, even though I have a fair idea which one of them it was. Most likely nominate one of them. One is emigrating in sept so properly him.

Was just wondering what would have been outcome if unable to say who it was.

I know the onus is on me to know who is driving the car but in reality when I wasnt here its hard to be definitive when both have access. And being 20/22 not going to hang each other.

Del2005

You can request the picture to see which son was driving.

IIRC not identifying the driver doesn't result in the case being dismissed the points go to the registered owner, otherwise everyone could say they can't remember who was driving.

If neither son is willing to admit driving the car then they should not be allowed to drive your vehicles again.

cml387

I believe the photo is usually clear enough in most cases to identify the driver. Unless you have identical twins.

Cavanbhoy

See op it was rear of car

AndrewJRenko

https://www.boards.ie/discussion/2058249543/fpn-registered-owner-of-car-out-of-country-at-time

Do you think it’s a good idea that people would be able to get away with speeding based on such flimsy excuses?

These are the people who’ll be sharing the road with your two sons, btw.

zg3409

Was car used without owners permission? As in was car stolen or borrowed without permission and was this reported to Gardai?

As suggested this is a life lesson, and driver should get penalty points applied asap and they will be gone in 3 years and so might have no impact if person intends being out of the country. Be sure to get it legally sorted without letting it drag on and ending up with court orders and fines etc. I am sure Gardai as well used to people attempting to wriggle out of this. As the owner pass on the blame to person actually driving.

macvin

https://www.boards.ie/discussion/comment/119180514#Comment_119180514

You may have had a genuine issue or the garda was too busy to go the route of having you make a statutory declaration that you did not know who was driving

As for a judge "probably throwing it out". Judges hate time wasters and some would see such a ploy as time wasting as you have the opportunity to declare who was driving. I would not take the risk.

I certainly would not take the risk in Kildare.

mikeecho

Wife is going abroad next week.. does that mean I can drive her car past every speed cam, and park wherever I want.

NO.

The registered owner is responsible for the vehicle, and knowing who has control of it, at all times.

Thems the rules.

Or as a tictoker say, That's the law, that's a fact