Named Driver/Shared Car and Penalty Points

Pimp Ninja

This week, a family member, and car owner got a letter in the post with their fine and 2 penalty points. The incident took place in the beginning of November.

It brought an interesting discussion, and I thought I'd get some opinions from here...

Situation:
Car owner shares a car with another person. This person [named driver] is caught speeding by a gatso or whatever. The letter comes in the post to the registered vehicle owner, with the fine and the penalty points.

Who has to proove the guilty party?

Is it up to the honesty of the driver to say oh yeah that was me?

What if you cant remember who was driving the car that day at that time, due to the two month gap after the incident and when the letter is received?

Is it up to the Gardaí to get a photograph of the driver at the time of the incident?

Please discuss, I can see an interesting debate on the topic.

RicardoSmith

Its quite simple. They won't send you out a letter unless the driver can be identified clearly in the photo. If you ring up their office and tell them you dunno who was driving I think they'll send you out a photo. Could be wrong but I think that the way it works. What speed was the "person" caught at?

Pimp Ninja

Hasnt happened yet..

The person caught was doing 38 in a 30 zone, only driver of their car.. different incident, but brought the topic up which led to the discussion.. If ya know what I mean.

Dampsquid

I would guess its the responsibility of whoever the car is registered to. If they don't know who was driving the car at the time, then they would get the points.

What happened previously with speeding fines?

flyz

Originally posted by Dampsquid
I would guess its the responsibility of whoever the car is registered to. If they don't know who was driving the car at the time, then they would get the points.

What happened previously with speeding fines?

As far as I know the Garda has to stop and fine the person who is driving the car.
If you are the car owner and you pay the fine that comes in the post then you are only incriminating yourself.

A friend of mine had a summons to appear in court for a speeding fine which he never paid ( he was caught by a camera) and the case got thrown out of court.

They changed the regulations last year sometime but neglicted to tell us.

Kell

I heard recently that they dont have to stop you anymore if your caught with a gun. I always thought that was the case too.

Borzoi

The one time I got aa speeding fine (off a gatso) there was an accompanying letter which basicly said, that they had a photo of the car and driver, and if I needed it to identify the driver I could get it. Didn't bother - it was me

lemondrop

Originally posted by Dampsquid
I would guess its the responsibility of whoever the car is registered to. If they don't know who was driving the car at the time, then they would get the points.

What happened previously with speeding fines?

Just because the registered person cant remember who was driving the car doesnt mean they shuld get the points. Take my dads insurance policy. There are 3 named drivers and also anyone over 25 with a full licence is insured to drive the car. Thats a lot of ppl!!!!! My dad sometimes works abroad and well we dont send him a report of who's been driving his car. Once there insured it shouldnt matter!!!

seamus

Originally posted by flyz
A friend of mine had a summons to appear in court for a speeding fine which he never paid ( he was caught by a camera) and the case got thrown out of court.

On what grounds? Usually if you have to be dragged into court to pay your fine, you'll get rightly stung.

I would guess its the responsibility of whoever the car is registered to. If they don't know who was driving the car at the time, then they would get the points.

What happened previously with speeding fines?

Nothing's changed. In the Road Traffic Act (couldn't be arsed digging it up), it states that any person driving a car that doesn't belong to them, with consent, shall be liable for all offences they commit while driving that vehicle (or something to that effect).

The person who was driving the car at the time incurs all penalties.

Legend has it, if you claim you can't remember who was driving (say if you have loads of named drivers on your policy), they will throw it out because the cost of persuing it is more than the fine is worth. Of course, this is legend. You want to be miiighty brave to try it.

flyz

Originally posted by seamus
On what grounds? Usually if you have to be dragged into court to pay your fine, you'll get rightly stung.

On the grounds that there was no evidence that it was him driving the car. i.e no photographic evidence.

leeroybrown

In the UK around a year ago, it transpired that the form they sent drivers requiring them to pay the fine also had the interesting prolem of forcing the party who signs to incriminate themselves. As this broke the persons legal rights drivers were legally right in not sending back the form (or paying the form).

Dunno if this is applicable to the current Irish form. (I presume they will have learned from past mistakes in the UK)