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Abolish offence of not naming who was driving a vehicle

Comment 17th July 2010

The offence of the registered keeper not disclosing who was driving a vehicle at a particular time should be abolished. I think that this is a strict liability offence

Why does this matter?

I saw a case on television where a father received a request for information from the police to identify who was driving his car when it went through a speed camera. He was forced to choose one of his two sons who could not explain where he was at the relevant time. This caused a family rift because the father had to disbelieve what his son had said and report him to the police to avoid being prosecuted himself for failing to disclose who was driving. It turned out that a person at the garage where the car was being serviced committed the offence and the son was innocent. The father should never have been put in the position of having to place the blame for the offence on one of his sons for an offence committed by someone else. If he had been able to show that after making reasonable enquiries, which he did, it could not be determind who committed the offence, then that is all he should have been required to do. As it was, the police forced him to make a false allegation against his own son. There are other cirumstances where it might not be possible to determine who was driving, such as not being able to clearly see a driver on a film for instance

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