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 Post subject: Advice Needed
PostPosted: Fri Sep 07, 2007 23:46 
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Hi All.

Just some help needed whilst I trawl through the current legislation. One of my company cars was flashed in Tonbridge wells doing 39 in a 30. Two problems the first I think I have covered is the nameless driver. 20 cars and this one was'nt booked out by anyone so I cant give the details but the main Q. is. The pic (which cant ident. the driver) shows the car facing a Gatso but Ive driven to the site and the lines on the road are on the oposite side of the road to the camera going up the hill (so the pic should have been of the rear plate) but the single pic I was sent was face on with the markings on the road going down the hill. Cofused! what I'm trying to say is....at the time of the flash the car was not within a marked zone but rather it seems the lines on the left lane have been used. Looking at it.....its clear that the car was some 30 or so yards from being within the lines on the same side of the road which would have resulted in the rear pic.

Whats the stand point. Are there any smarties out there to help? And am I right in thinking that Gatso's can only be used for rear facing?

Any help will be appreciated.

Greeny.


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 Post subject:
PostPosted: Fri Sep 07, 2007 23:59 
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Technically, at this stage, the only important issue is the driver's identity.
An allegation of an applicable motoring offence has been made, and you (the company) are required to provide information regarding the driver.
It doesn't matter whether the allegation is true or not, only that it is made.

If you are unable to identify the driver, as well as demonstrating reasonable diligence (and naming all the possible drivers), as you are a company, you will need to show that the failure to keep a log was reasonable.

Regarding the photo, a picture is worth a thousand words...


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 Post subject:
PostPosted: Sat Sep 08, 2007 01:13 
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You have to make all reasonable efforts to establish who it was. If you cannot identify the driver and nobody will admit to having misappropriated the vehicle, this is a valid defence. Write explaining the situation and advising what steps you've taken. You might get taken to court, but if you then swear your piece, you should (emphasis on should) be acquitted. Whatever else, though, do not try a cover-up on this one. There could be any reason a story might fall over or be unpicked. Perverting the course of justice and/or perjury - telling porlkies in court - will potentially land you a prison sentence.

If you do establish the driver, and it is not you, post off the form naming the driver and direct said driver to Pepipoo for assistance if and when they get their own NIP.

If you recall that in fact it was you driving, get yourself over to Pepipoo now, and relate there the aspect of the road markings etc.


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 Post subject:
PostPosted: Mon Sep 10, 2007 20:30 
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encouraging your employees to drive safely and within the law may be a good idea as well!!!


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 Post subject:
PostPosted: Mon Sep 10, 2007 20:36 
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safetyman wrote:
encouraging your employees to drive safely and within the law may be a good idea as well!!!


Bit presumptuous of you to suggest he does not - do you know the OP?

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 Post subject: Just a quick pointer!
PostPosted: Tue Sep 11, 2007 18:59 
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Thanks to those with some constructive advice but just a quick message to Safetyman. As an employer, with 20 or so cars, it's difficult to know what each person is up to in the cars (trackers fitted) we provide but given we are a Health and Safety company I think that we might go some way to provide our staff with the right information and training, not withstanding the fact that THEY have a license to drive.

Just so we understand each other.....you must be some boring mixed up type of a person if you go around leaving messages like that. Its not helpful, not big, not clever and in fact....with that train of thought I guess I would be right in saying that if you are married, she (he) must be out of their mind waiting for a little danger (or someone NORMAL) to come along. If that the case, ask her/him to confirm and I'll put them in touch with the driver when and if I ever find out who they were. To the rest of you thanks and keep the info coming.


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 Post subject:
PostPosted: Sun Sep 16, 2007 12:11 
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My guess is that the driver may never be identified :wink: :wink:


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 Post subject:
PostPosted: Sun Sep 16, 2007 21:13 
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I would agree with every thing Andy and Roger posted. However if this went to court there is a high chance your firm may be found guilty and fined in the low hundreds. No one would get any points.

However you might find that if you put together a reply with the the facts that you do keep a log, you do track the cars and you are a responsible firm I would recon that there is a 70% chance of no further action.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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