Safe Speed Forums

We received an NIP though the post with an alleged speeding ticket, I have asked for the pictures as I dont know who was driving at the time (we both used the car that day) and they sent this back, it does not show any driver, does this have to show the driver legally?

There is no requirement for the photo to be able to provide a means of identification of the driver of an offending vehicle. However, it can be used as an aid to identification.

It looks like a polarising filter wasn’t used with the camera (Pro-laser attachment?). One of those would have greatly helped to see inside the car.



A question to all: can they really copyright an image, taken in public, of a person or their property without their consent?

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Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign

But if you cant see who was driving and both were driving the car that day how can that be used as evidence?

The photo is used as evidence for proving the occurrence of the offence (the numbers at the bottom of the photo) as well as for identification for which vehicle the offence applied to (the red square). The S172 request puts the onus of driver identification onto you (the registered keeper of the vehicle); how you handle that will be seen as being your problem I’m afraid.

You have to take all reasonable steps possible to try to identify who was driving when that offence was committed; more importantly you will have to demonstrate that you took all reasonable steps possible should you fail to name and this issue goes to court.

HOWEVER, and it's a very big HOWEVER, S172(4) of RTOA 1988 provides for a statutory defence for folk who do not know who was driving at the time of an alleged offence.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

Yes, they can. Generally speaking they can so long as the photograph was taken in public. It is a bit more complicated than that, but the short answer is yes.

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www.thatsnews.org.uk / www.thatsnews.blogspot.com / http://thatsmotoring.blogspot.com/

Really? wow! Can I do the same?

More importantly: would the OP be in violation of copyright by reproducing the photos here (in public) without consent?
I smell the potential for abuse (morally from the SCP)


I don't suppose you would post (or link to) the 'complicated' bit?

You could do the same, in general.

Here's something that explains it a bit more

http://www.chapterthirteen.com/index.php?option=com_content&task=view&id=64&Itemid=56

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www.thatsnews.org.uk / www.thatsnews.blogspot.com / http://thatsmotoring.blogspot.com/

Thank you. Unfortunately that document was relating to privacy; it had nothing to do with copyright , which is what I’m after.

As it is a photograph of their car, probably difficult to prove in court. Especially as they gave the photograpgh to him for his defence. Publishing it here is for the legitimate reason of seeking the opinions of others who might have expertise.

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www.thatsnews.org.uk / www.thatsnews.blogspot.com / http://thatsmotoring.blogspot.com/