What happens if a Vehicle gets a Speeding Ticket but you are not sure who was Driving?

If a vehicle registered keeper receives a speeding ticket and it can be conclusively proved that the vehicle was exceeding the speed limit the fine has to be paid and the points assigned one way or another. If you were driving and believe you were actually speeding, the best approach is to accept responsibility by paying the fine and taking the points.

However, sometimes you are unlucky enough to end up with a fine that you are not sure is yours. This is particularly the case if your vehicle is used by family and friends or by employees. So, what should you do if a vehicle you own is ticketed, and you do not think you were driving at the time?

First Step – Find Out Who Was Driving

The first step is to establish who was driving at the time the ticket was issued. By law, specifically, Section 172 of the Road Traffic Act 1988, the registered keeper of the vehicle must take reasonable steps to establish who was driving at the time a prosecutable offence was committed. By law, they must provide those details to the police. Simply saying somebody else was driving, and leaving it at that, is not an option. Failure to provide the details to the police within 28 days could result in a fine of up to £1,000 and your own licence being endorsed with 6 points.

If you run a company car, it makes sense to keep the keys with a log of some kind. That way you will know, and be able to prove who was driving the vehicle when the offence occurred.

What Happens if You Cannot Identify the Driver?

If you genuinely do not know who was driving it is possible to get an acquittal, but you should never “take somebody else’s points”.  Doing so is illegal and you could end up being prosecuted for doing so. As we have seen in the case of Chris and Vicky can be a prison sentence.

If you find yourself unable to identify the driver as the result of a motoring offence, it is wise to seek advice about what to do next from an experienced firm of lawyers, like Hylton Potts.