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Speeding Offence of EU citizen


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Couple of weeks ago, a German friend and family came over to visit. I lent them my car for the weekend. Today, I received Notice of Intended Prosecution from West Midland Police.

Apparently, my car was caught doing 70mph on M6 between J4 & J5 where there is a variable speed limit of 60mph!!

The NIP asked for information of the driver. Should I submit the name and address of my German friend?

What would happen to him? Will he be prosecuted in German, or call to face the music in West Midlands?

I wonder if anyone had similar experience and can give me some advice, please.

Many thanks.

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If you fail to submit, you will be prosecuted instead.

 

Submit the name of the driver and address etc.

 

Do not think that Germany will prosecute him yet (But there are moves to do this inside the eu at a later date)

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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BTW, why would they prosecute for exceeding by just 10mph?

I always knew that there was an allowance of 10% (so 66mph in this case) and points/fine if speed didn't exceed 10% of that (6.6mph in this case so 72.6mph in total).

Prosecution for anything past that.

Was I wrong?

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BTW, why would they prosecute for exceeding by just 10mph?

I always knew that there was an allowance of 10% (so 66mph in this case) and points/fine if speed didn't exceed 10% of that (6.6mph in this case so 72.6mph in total).

Prosecution for anything past that.

Was I wrong?

 

The guidelines are 10% + 2mph for a FPN, so they can start at 68.

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Interestingly, why doesn't everyone claim that someone else in the EU (Or elsewhere in the world) were driving the car? Wouldn't everyone get away from traffic offences this way? (Genuinely interested)

 

 

Some people do, and then the SCP start asking questions about the insurance status of the 'visitor', and usually find there is none, so a £100 + 3 points for speeding can turn into £300 + 6 points for no insurance.

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But would the owner be liable if someone else drove without insurance?

 

The principal offence is by the person who drive without insurance (IN10 conviction code on license)

 

If a person knowingly lent the car uninsured they may have "aid, abet, counselled or procured" the principle offence, and may be charged as an accessory.

The same penalty applies as the principal offence (including 6-8 points on their licence), but with code IN12 (and likely higher premiums in future, too.....)

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If they allowed the visitor to use their car without being ensured they'd be liable.

 

If they didn't, then the visitor could be done for taking without consent. Not sure what the pan-european situation is with a theft charge?

Jeremy

 

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Interestingly, why doesn't everyone claim that someone else in the EU (Or elsewhere in the world) were driving the car? Wouldn't everyone get away from traffic offences this way? (Genuinely interested)

I guess most people don't think it's worth the risk of going to prison for the sake of a speeding ticket. That's the likely outcome if you falsely claim that a foreigner was driving your car, and get caught.

 

As Raykay alludes to, even if the police can't prove that the mysterious foreigner you just named doesn't exist, it's very unlikely that he would be insured to drive your car, so you'd be setting yourself up for a charge of causing or permitting him to drive without insurance.

 

In the OP's case I assume that the German friend both exists and had appropriate insurance cover, in which case the OP has nothing to worry about.

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  • 2 months later...

AN Update:

I submitted the form with details of my German friend, within a week of receiving the NIP. As of today, 17th November, neither myself nor the German have received any further communication from West Midland Police.

Perhaps the case is Closed!

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But how can the driver check the insurance status of someone else? Say you were looking to sell your car, and someone comes to see it and claims to have fully comp insurance that should cover them to drive the car as long as it's on the policy. There is no way to check it as such.

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But how can the driver check the insurance status of someone else? Say you were looking to sell your car, and someone comes to see it and claims to have fully comp insurance that should cover them to drive the car as long as it's on the policy. There is no way to check it as such.

At that point you have not committed an offence because you have no reason to doubt the buyer has no insurance.

The buyer would commit an offence of driving without insurance.

Btw, it's always wise to state date and TIME of sale on a car sale receipt when selling a car, in case the buyer gets exited and gets a speeding ticket.

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But how can the driver check the insurance status of someone else? Say you were looking to sell your car, and someone comes to see it and claims to have fully comp insurance that should cover them to drive the car as long as it's on the policy. There is no way to check it as such.

 

 

 

That is the problem with allowing other people to drive your vehicle.

Either you make it a condition that they provide the insurance - preferably in writing and signed by them, as it may not be believed later if it was a verbal agreement.

or

If they claim they have third party cover, you would need to see their insurance certificate, and check that it does cover driving other cars, and any conditions attached to that cover - the vehicle itself covered by other insurance etc. Just because they have fully comprehensive insurance doesn't automatically mean they have third party cover - many don't.

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At that point you have not committed an offence because you have no reason to doubt the buyer has no insurance.

The buyer would commit an offence of driving without insurance.

Btw, it's always wise to state date and TIME of sale on a car sale receipt when selling a car, in case the buyer gets exited and gets a speeding ticket.

 

I disagree. Companys that do hire vehicals have in the passed requested to see an insurance certificate

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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At that point you have not committed an offence because you have no reason to doubt the buyer has no insurance.

 

 

 

It is not a matter of reason to doubt the buyer has no insurance, they either have insurance or they don't. If they haven't, and you have allowed them to drive your vehicle without it, you commit the offence.

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