Monday 24th
22 September 2007, 08:52 AM
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Monday 24th
just read on PH that if you dont name the driver or take due diliagence in finding out who was, you will receive 6 points.
what a load of old £$%^!
firstly, innocent till proven guilty? Right to silence? Not to incriminate youself? Im not a legal nut, but how on earth can this hold up in court? Im pretty sure a clever lawyerwill run rings round this in court, thats if the judge isnt on the payroll of the government, ive seen what happens in Judge John Deed! Due dilangence is checking CCTV pictures, bank statements etc to figure out who it was.
Im sorry but this is a joke. All of my and my families cars have been registered to my old dear, who doesnt have a driving liscence. Adds an owner to the vehicle, but cheaper then 6 points
For those sceptical of how out of order this is, try to compare it to something else. You're shotgun was used to kill someone, no one was 'detected' so you as the registered owner get automatically convicted for murder. Its outrageous.
what a load of old £$%^!
firstly, innocent till proven guilty? Right to silence? Not to incriminate youself? Im not a legal nut, but how on earth can this hold up in court? Im pretty sure a clever lawyerwill run rings round this in court, thats if the judge isnt on the payroll of the government, ive seen what happens in Judge John Deed! Due dilangence is checking CCTV pictures, bank statements etc to figure out who it was.
Im sorry but this is a joke. All of my and my families cars have been registered to my old dear, who doesnt have a driving liscence. Adds an owner to the vehicle, but cheaper then 6 points
For those sceptical of how out of order this is, try to compare it to something else. You're shotgun was used to kill someone, no one was 'detected' so you as the registered owner get automatically convicted for murder. Its outrageous.
23 September 2007, 10:41 AM
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There are three aspects to this....
Firstly the law requires that anyone can be asked for information, if you car was crashed into in the street and you got the reg number you would be unhappy if people couldn't be asked who was driving, be that the registered keeper or any other person.
The registered keeper (or any other keeper, such as a lease car driver) has to exhaust reasonable dilligence to try and ID the driver, if they still can't name that person then they should be found not guilty.
This law has been around for ages, the current section 172 is of the road traffic act 1988, but before that I think it was section 143 from the previous RTA which I think was 1967, its just the penalty was increased by the road safety act of 2005 (or 6?).
People caught at speeds where they faced a ban simply didn't say who was driving instead, so they got three points - that was one of the factors behind increasing it from 3 to 6 points.
The European Court of Human Rights has ruled that the requirement to nominate a driver is necessary and balanced and does not contravene ones human rights, on that basis I do think you will find any clever lawyer to run rings round it, prior to this a UK judge (Scottish case law, but binding in the rest of the UK unless there was ever a Law Lords ruling to overturn it) called Brown V Stott that also ruled it legal,
Simon
Firstly the law requires that anyone can be asked for information, if you car was crashed into in the street and you got the reg number you would be unhappy if people couldn't be asked who was driving, be that the registered keeper or any other person.
The registered keeper (or any other keeper, such as a lease car driver) has to exhaust reasonable dilligence to try and ID the driver, if they still can't name that person then they should be found not guilty.
This law has been around for ages, the current section 172 is of the road traffic act 1988, but before that I think it was section 143 from the previous RTA which I think was 1967, its just the penalty was increased by the road safety act of 2005 (or 6?).
People caught at speeds where they faced a ban simply didn't say who was driving instead, so they got three points - that was one of the factors behind increasing it from 3 to 6 points.
The European Court of Human Rights has ruled that the requirement to nominate a driver is necessary and balanced and does not contravene ones human rights, on that basis I do think you will find any clever lawyer to run rings round it, prior to this a UK judge (Scottish case law, but binding in the rest of the UK unless there was ever a Law Lords ruling to overturn it) called Brown V Stott that also ruled it legal,
Simon
Last edited by The rookie; 23 September 2007 at 12:01 PM.
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