friend cannot decide who was driving - nominates dad - dad renominates him! - getting to 6mts limit now?

[Moseet]

Is this 6 month rule applicable from the date of identifying the driver or from the date of offence?

[honeybee13]

I'm not sure which six-month rule you mean.

Please tell us what's happened, I'm not sure people can advise on just a short question.

HB

[Moseet]

‘Prosecution can only occur from 6 months from offence date’

so if the driver is identified post that period, what would happen in that case?

[Man in the middle]

Prosecution for the underlying offence (e.g. speeding) cannot take place. However, the offence of "failing to provide driver's details" does not occur until 28 days after the request is served. There are some exceptions to this. As above, tell us what happened (with dates) and we can advise properly.

[Moseet]

It’s actually not for me. It’s actually for a friend who cannot decide who was driving at time of offence so he nominates his dad then his dad renominates him. This is nearly reaching 6 months from offence date. So he was wondering what happens post that date if anyone of them were to admit?

[honeybee13]

So they're trying to avoid a fine by prevaricating?

HB

[Moseet]

I don’t know if that is their intention.

[Man in the middle]

1 hour ago, Moseet said:

...so he nominates his dad then his dad renominates him.

That's not a good idea.

At least one of them (and possibly both) will be prosecuted for "Failing to provide driver's details" (FtP). Upon conviction the offence carries six points, a hefty fine and an endorsement code (MS90) which insurers really hate. An MS90 endorsement will see the premiums at least double (and probably more than that) in the first year and will see considerably increased premiums for up to five years.

Quote

...a friend who cannot decide who was driving at time of offence

The required process is not to "decide" who was driving but to identify who was. There is a defence to the  FtP charge if the recipient can show that "...he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.". It is a tough hurdle to clear and will involve convincing a court that all reasonable steps have been taken to establish who the driver was. So what have they done, so far, to establish that?

 

[Manxman in exile]

If your "friend" and his dad don't stop messing about trying to avoid a piddling speeding fine they might both end up like these two...

Chris Huhne and Vicky Pryce jailed for eight months

WWW.BBC.CO.UK

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Former cabinet minister Chris Huhne and his ex-wife Vicky Pryce are each jailed for eight months for perverting the course of justice over a driving...