Legal issues
Notice of intended prosecution
Road Traffic Offenders Act 1988, section 1: generally served within 14 days on the driver or registered keeper. It is not needed if there was an accident or a warning at the time.
Duty to identify the driver
Road Traffic Act 1988, section 172. A defence exists if you show you did not know, and could not with reasonable diligence have found out, who was driving. Companies have the same duty for their vehicles.
Penalties
- Fixed penalty: usually 3 points and a fine.
- Court: 3 to 6 points or a discretionary ban, depending on the speed.
- Failing to identify the driver: 6 points and a fine.
Evidence that matters
Camera calibration records, signage and speed limit orders, and the timing of the notice can all be relevant.
Reasonable lines of enquiry
Points to check
- The date the notice was received against the offence date.
- Who was actually driving, using fuel receipts, diaries or phone location.
- Your existing points: a further 3 may mean totting up.
What happens next
Many cases go through the Single Justice Procedure on paper. You can plead and give mitigation in writing, or ask for a hearing.
Immediate steps
- Reply to the section 172 request within the deadline, even if you cannot identify the driver; explain why.
- Check how many points you already have.
- Get advice if you face 12 points or a ban.
What should you send us?
Send the notice, the section 172 request, any court papers, and your driving record.