Speed Cameras
With increasing numbers of gatso and other
speed
cameras in use, even the most cautious motorist can be at risk of penalty points
and possible disqualification. In addition vehicle keepers may find themselves
being accused of motoring offences even if they weren’t driving. Our
advice has helped many drivers to avoid penalty points and
potential disqualification.
In most camera cases, the vehicle
isn’t stopped and so the Police won’t know who was driving. In order to find
out they usually send a Notice of Intended Prosecution to the vehicle’s
Registered Keeper, who is not necessarily the driver, and request the name of
the driver at the time of the offence.
The Police must serve the Notice of
Intended Prosecution on either the driver or the Registered Keeper within 14
days of the alleged offence. If they are out of time the driver cannot be
convicted of speeding. However, failure to receive the form in time doesn’t
automatically mean the driver cannot be prosecuted. This is because there are
complicated rules relating to how the 14 days are calculated. We can advise you
about this.
The Police may also serve a Notice on
anyone else they believe to have information about who was driving.
Failure to name the driver
is an offence, for which you can now receive 6 penalty
points or a disqualification, as well as a fine, (even if you
weren’t yourself the driver). However, there are various
possible defences and we can advise you about them.
(For offences committed
before 24th September 2007, penalty points are limited to 3).
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