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Got a speeding ticket but not sure who was driving..what happens

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    #32
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    In the UK, if the owner fails to nominate someone they are charged with failing to furnish information, 6 points and a fine of 500 to 1000 pounds. Unless they name someone they will be stuck with something worse than the speeding.


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    #33
    derek2901
    Closed Accounts Posts: 15 ✭derek2901


    not sure if this contradicts your earlier post?

    Registered owner is responsible unless he can assign it to another and that other person agrees- that's it in a nutshell right?


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    #34
    CiniO
    Registered Users Posts: 16,088 ✭✭✭✭CiniO


    derek2901 wrote: »
    not sure if this contradicts your earlier post?

    Registered owner is responsible unless he can assign it to another and that other person agrees- that's it in a nutshell right?

    Earlier post was about Ireland.
    That one was about UK.


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    #35
    CiniO
    Registered Users Posts: 16,088 ✭✭✭✭CiniO


    Our man in Havana wrote: »
    In the UK, if the owner fails to nominate someone they are charged with failing to furnish information, 6 points and a fine of 500 to 1000 pounds. Unless they name someone they will be stuck with something worse than the speeding.

    That's fair enough, assuming it doesn't come back to owner if other person bins the fine.
    One thing I'm wondering.
    6 penalty points?
    What in case owner doesn't have a licence.
    Obviously not every car owner needs to have a licence.


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    #36
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Gaffs89 wrote: »
    Yes nothing happened to you and you were not the owner.Did you know the owner? , did he still get the fine and points?
    CiniO wrote: »
    I would be strongly surprices if owner got fined for speeding in UK after nominating someone else, unless they could prove it was him driving and speeding.

    I knew the owner and nothing ever happened. No points or anything.

    It did occur to me that if I was pulled in the UK, something may pop up, but the plan is :"while I borrowed the car, I was asleep in the back and my mate billy was driving."

    If it ever happened again, you could name billy murphy as the driver and if a letter arrived, I could sign it billy murphy.

    (Although that could be illegal so I wouldn't do such a thing :rolleyes:)


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    #37
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    CiniO wrote: »
    That's fair enough, assuming it doesn't come back to owner if other person bins the fine.
    One thing I'm wondering.
    6 penalty points?
    What in case owner doesn't have a licence.
    Obviously not every car owner needs to have a licence.
    If the owner has no licence (a company for example) then no points just the fine.


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    #38
    Gaffs89
    Registered Users Posts: 321 ✭✭Gaffs89


    Ok so who has the better system? In Ireland if you lend your car to a friend and the "friend" gets caught on camera speeding and then refuses to accept responsibility . Then the owner gets the points and fine for being so naive as to trust their friend.
    Or the Uk system where according to some other posts all you have to do is look up a name and address of someone outside the Uk and claim they were driving and you get away scot free.There are speed cameras all over the UK , the average British speeder must be very honest or very stupid .I don't think so.


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    #39
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Or the Uk system where according to some other posts all you have to do is look up a name and address of someone outside the Uk and claim they were driving and you get away scot free
    The UK cops are wise to that old rouse. They will demand evidence that this "friend" from abroad was driving. If they find you are lying a holiday with Bubba awaits you for perverting the course of justice.


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    #40
    Gaffs89
    Registered Users Posts: 321 ✭✭Gaffs89


    Our man in Havana wrote: »
    The UK cops are wise to that old rouse. They will demand evidence that this "friend" from abroad was driving. If they find you are lying a holiday with Bubba awaits you for perverting the course of justice.
    Good to know.


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    #41
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Our man in Havana wrote: »
    The UK cops are wise to that old rouse. They will demand evidence that this "friend" from abroad was driving. If they find you are lying a holiday with Bubba awaits you for perverting the course of justice.

    You have a way with words and I like it !:D


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    #42
    vetstu
    Closed Accounts Posts: 428 ✭✭vetstu


    A UK case, but if the photo doesn't show whos driving, you might have a case

    http://www.dailymail.co.uk/news/article-202833/Christine-Hamilton-cleared-speeding.html


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    #43
    TheZ
    Registered Users Posts: 451 ✭✭TheZ


    A person could do the following if they were not driving

    - decide to fight the case in court
    - produce the driver on the day to testify that they were driving and not the owner
    - case against owner is thrown out
    - law does not allow Gardai to go after the driver as it is outside time limit to issue a summons


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    #44
    firefly08
    Registered Users Posts: 856 ✭✭✭firefly08


    What if it was a fine for tax? Out of curiosity, who would be responsible then?
    A person could do the following if they were not driving

    - decide to fight the case in court
    - produce the driver on the day to testify that they were driving and not the owner
    - case against owner is thrown out
    - law does not allow Gardai to go after the driver as it is outside time limit to issue a summons

    Yep, plus, even if they could go after him, wouldn't they need your testimony in his court case? They wouldn't have any other evidence against him. They couldn't force you to give evidence, so wouldn't they have to let it go?


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    #45
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Not a lot they could do.

    Until they introduce an offence of failing to name, the situation as above can play out.


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    #46
    Gaffs89
    Registered Users Posts: 321 ✭✭Gaffs89


    firefly08 wrote: »
    What if it was a fine for tax? Out of curiosity, who would be responsible then?
    A person could do the following if they were not driving

    - decide to fight the case in court
    - produce the driver on the day to testify that they were driving and not the owner
    - case against owner is thrown out
    - law does not allow Gardai to go after the driver as it is outside time limit to issue a summons

    Yep, plus, even if they could go after him, wouldn't they need your testimony in his court case? They wouldn't have any other evidence against him. They couldn't force you to give evidence, so wouldn't they have to let it go?

    This is great news. Who's going to go first then?
    Of course they could force you and if you tell a different story from the one you told the first time you'll be done for perjury and Bubba will be waiting ,as our man in Havanna put so well before.


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    #47
    firefly08
    Registered Users Posts: 856 ✭✭✭firefly08


    Of course they could force you

    How?


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    #48
    TheZ
    Registered Users Posts: 451 ✭✭TheZ


    How is it perjury? You are simply exercising right to go to court.

    You wait until court date, as you are entitled to and tell story there and the driver admits he was driving. At that point the alleged speeding offense will be outside time period for fixed penalty or summons.

    Remember the court system would break down if everybody exercised their right to go to court over alleged speeding offences


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    #49
    dharn
    Registered Users Posts: 2,574 ✭✭✭dharn


    if they cant identify who was driving..do you have an old granny with a licence..


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    #50
    firefly08
    Registered Users Posts: 856 ✭✭✭firefly08


    How is it perjury? You are simply exercising right to go to court.

    I think he meant it would perjury if you accused the other guy in your court case and then gave a different story in his one. This is assuming that the Gaurds could somehow charge him, presumably if the time limit had not run out or whatever. But in that case, I can't see how they could proceed without your voluntary cooperation. Human memory is fickle - I have never heard of anyone being forced to testify to a certain effect against their will.


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