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Speeding Ticket - Who Should pay

  • 25-11-2024 09:52PM
    #1
    Registered Users, Registered Users 2 Posts: 208 ✭✭


    Question from a friend of mine who received a speeding ticket for driving at 115 kmph on a 100kmph road .The Notice is on his partners name as she is the registed owner but he was driving the car and his partner was a co-passenger .

    His partner is the registered owner of the car but on the insurance she is a named driver .

    So ideally he should be the one paying for the speeding offence but does the penalty points make a difference in Insurance premium later on as to who pays ?



Comments

  • Registered Users, Registered Users 2 Posts: 3,488 ✭✭✭JohnC.


    Does the insurance company know the main insured person is not the owner of the car? That could be important too.



  • Registered Users, Registered Users 2 Posts: 78,787 ✭✭✭✭Victor


    The driver should pay. They were the one driving.

    They should also regularise the insurance situation.



  • Registered Users, Registered Users 2 Posts: 208 ✭✭galaxy12


    Yes , they bought a new car recently and swapped the insurance to the new car .

    They had stated to the insurer that the car is on the partners name .

    Post edited by galaxy12 on


  • Registered Users, Registered Users 2 Posts: 12,945 ✭✭✭✭Calahonda52


    Must be some car.😎

    On the original issue, there is no insurance

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 208 ✭✭galaxy12


    😆 Corrected now .what do you mean that there is no insurance .

    Thanks



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  • Registered Users, Registered Users 2, Paid Member Posts: 8,961 ✭✭✭cml387


    The person who was driving the car pays the fine. It's not complicated. On the insurance, I assume the driver's name appears somewhere on the cert. Insurer should be informed but there probably won't be a loading if it's just this offence.



  • Registered Users, Registered Users 2 Posts: 10,013 ✭✭✭✭User1998


    OP just decide between yourself and your partner who is going to take the points ffs



  • Registered Users, Registered Users 2 Posts: 1,499 ✭✭✭BlakeS94


    There won't be any loading anyway if it's your first lot of 3 points, I'm with AXA and they don't even require you to mention it to them until you have 5 points, which is when loading will start to apply.



  • Registered Users, Registered Users 2 Posts: 10,854 ✭✭✭✭Marcusm


    if it wasn’t the person who was actually driving then, as a British cabinet minister found out, that’s perverting the course of justice, meaning a prison sentence rather than a few penalty points. And yes, the law is word for word the same!



  • Moderators, Regional Midwest Moderators Posts: 11,325 Mod ✭✭✭✭MarkR


    Call me crazy, but I'd say the person who was driving the car should be copping the points. How is this even a question?



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  • Registered Users, Registered Users 2 Posts: 5,428 ✭✭✭mikeecho


    I think the cyclist should pay the fine and take the points.



  • Registered Users, Registered Users 2 Posts: 1,853 ✭✭✭Uncle Pierre


    Thing is, it's not always framed as 'loading'.

    I'm with Aviva myself, and one of their ways of doing things is to allow you a discount if you and any named drivers are free of penalty points:

    https://www.aviva.ie/insurance/car-insurance/discounts/

    It applies to my car, since neither my wife nor I have points. But if one us were to pick up even one speeding fine, I'd lose that discount. So while I wouldn't be 'loaded', I'd still be paying more.



  • Registered Users, Registered Users 2 Posts: 3,182 ✭✭✭Buffman


    There's no 'ideally' about it, the registered owner is legally required to nominate the driver if it wasn't them and falsely nominating someone is an offence.

    "Nominations

    If you were not driving, or otherwise using the vehicle on the date of the offence, the Statement of Nomination of Name and Address of Driver of Vehicle section on the Fixed Charge Notice must be completed by the registered owner, not the driver, and the full notice must be returned to the Fixed Charge Processing Office. Under current legislation, a notice containing the completed Statement of Nomination of Name and Address of Driver of Vehicle section must be completed and sent to the Fixed Charge Processing Office within 28 days of the date of the notice.

    Nominations sent after 28 days cannot be processed and the FCN remains the responsibility of the registered owner. In the case of Penalty Point offences, if the registered owner of the vehicle is a company, or a person trading as a company, the only requirement on the registered owner is to nominate the person who was driving the vehicle at the time of the offence.

    If the offence is a Non-Penalty Point offence, the registered owner may pay the fixed charge as outlined in the notice, without having to nominate a driver.

    If you are nominating someone who is under 18 years of age, the date of birth must be filled in on the nomination section, and a copy of the birth certificate sent in with the nomination.

    No payments are required when making a nomination, as a new Fixed Charge Notice will be issued to the driver. The 56 day payment period will begin again from the issue date of the new notice.

    The full name and address of the person using the vehicle at the time of the offence must be provided by the registered owner. Care must be taken to nominate the correct driver as falsely nominating a person is a serious offence and may lead to a prosecution."

    The below is a general 'signature' and not part of any post:

    FYI, if you move to a 'smart' meter electricity plan, you CAN'T move back to a non-smart plan.

    You don't have to take a 'smart' meter if you don't want one, opt-out is available.

    Buy drinks in 3L or bigger plastic bottles or glass bottles or cartons to avoid the DRS fee.

    Public transport user? If you're sick of phantom ghost services on the 'official' RTI sources, check bustimes.org for actual 'real' RTI, if it's on their map it actually exists.



  • Registered Users, Subscribers, Registered Users 2 Posts: 13,702 ✭✭✭✭antodeco


    Also OP, if neither of you were wearing a hat, you can't get better fined



  • Registered Users, Registered Users 2 Posts: 208 ✭✭galaxy12


    Point taken lads and forwarded to the concerned ..

    Thanks for the responses



  • Registered Users, Registered Users 2, Paid Member Posts: 1,102 ✭✭✭DayInTheBog


    I got points a few years back. I got loaded on my policy and on the wife's as a name driver. We only have 1 car now 😁



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