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Sister caught on speed camera and has no license. What will happen? watch

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    (Original post by MsCourtney)


    She is insured.
    No, she isn't.

    She's insured as a learner, the clause in her insurance will clearly state there must be a driver with at least 3 years experience in the car at the time.

    No other person= no insurance.
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    (Original post by deedee123)
    Are you wanting to take the fall for her? She knew what she was doing, she deserves the charges she faces.


    i'd imagine she'd be required to return to the UK for the court summon, they're not going to be like "oh well, she's abroad so we'll just forget about it"
    You mean that Canada would remove her to the UK for a traffic violation. And what if we are both not there and no longer have a residence in the UK.
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    (Original post by deedee123)
    i'd imagine she'd be required to return to the UK for the court summon, they're not going to be like "oh well, she's abroad so we'll just forget about it"
    She's not going to be 'required' by extradition to return to the UK. But when she lands at the airport her passport may be flagged and she may be arrested at this point.
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    (Original post by MsCourtney)
    Thanks for the help. Apparently I think its best to wait and decide, if I get the photographic evidence, and it seems acceptable, I will **assume that I must have been speeding and not realised I got flashed and pay my fine**.

    What if no one replies and we are both not in the UK (if it takes really long this could happen)?
    Under section something or other under the road traffic act, as the legal owner of the vehicle it is your obligation to tell the police who was driving within 14 days. If you fail to do so, that is a criminal offence.

    If you can prove that you were not in the country/did not receive the summons then it is likely that this will be sufficient in mitigating the offence but you will then be asked to identify the driver.
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    (Original post by Rybee)
    She's not going to be 'required' by extradition to return to the UK. But when she lands at the airport her passport may be flagged and she may be arrested at this point.
    So if both of us aren't there and don't respond to the letter, they will assume I was speeding and she can go back but not me if I understand well?

    She does not have plans to return to the UK after leaving. And I will join her too later on but I could make it earlier if necessary because of the legal issue.
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    (Original post by MsCourtney)
    You mean that Canada would remove her to the UK for a traffic violation. And what if we are both not there and no longer have a residence in the UK.
    i don't know exactly, but you won't just get away with it because you moved to canada.
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    (Original post by MsCourtney)
    So if both of us aren't there and don't respond to the letter, they will assume I was speeding and she can go back but not me if I understand well?
    Just kinda flagged up this point, read my above post ^^
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    (Original post by MsCourtney)
    My sister was driving my car and she says she thinks a camera flashed as she passed and she was above the limit. She currently has no license but is going for a test soon.

    What will happen from now on? Will I have to pay the fine?

    I've already had motor related trouble myself and currently have 4 points for speeding and following an accident I got "Driving without due care and attention" but that was removed after a court battle.

    So will I get a fixed penalty notice by mail and have to pay that?
    If she was driving without a license that is fine, but if she was driving without a licence then hopefully a while behind bars.
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    (Original post by MsCourtney)
    Thanks for the help. Apparently I think its best to wait and decide, if I get the photographic evidence, and it seems acceptable, I will **assume that I must have been speeding and not realised I got flashed and pay my fine**.

    What if no one replies and we are both not in the UK (if it takes really long this could happen)?
    They won't dispute the picture unless you ask them to. They will assume it was you, unless you request a picture of the camera so you can say it was my husband driving etc.

    You can't just pay your fine, you're going to lose your license as you'll have another 3 points + the fine for speeding.

    OR, your sister gets a load of fines and a ban.
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    (Original post by RollerBall)
    They won't dispute the picture unless you ask them to. They will assume it was you, unless you request a picture of the camera so you can say it was my husband driving etc.

    You can't just pay your fine, you're going to lose your license as you'll have another 3 points + the fine for speeding.

    OR, your sister gets a load of fines and a ban.
    I don't mind taking the ban in that case, then my sister can drive me. And I won't need a UK license by then anyways if I'm in Canada.
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    (Original post by MsCourtney)
    I don't mind taking the ban in that case, then my sister can drive me. And I won't need a UK license by then anyways if I'm in Canada.
    She won't be able to drive you :facepalm2: ****ing hell :facepalm2: You won't have a valid licence and you haven't been driving for 3 years/over 21. She would still be illegally driving.

    :facepalm2:
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    (Original post by MsCourtney)
    I don't mind taking the ban in that case
    It would appear that you share your sister's disdain for the law
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    (Original post by Mess.)
    She won't be able to drive you :facepalm2: ****ing hell :facepalm2: You won't have a valid licence and you haven't been driving for 3 years/over 21. She would still be illegally driving.

    :facepalm2:
    I assume she means once she's passed her test.
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    (Original post by Rybee)
    I disagree with quite a lot of that. You wont receive a ticket for £60 and 3 points without admitting liability for either you or your sister first. So point 2 is invalid.

    And you wont get a summons for allowing someone to drive without insurance. That's not your concern. You gave her consent to drive your vehicle, whether she does so legally or illegally is not within your power or control. You know she is able to drive the car legally, if she is with a valid passenger, as far as that goes, whether she opts to drive with such passenger isn't your concern (legally).

    You can just say you gave her permission to drive the car, and whether she does so legally or illegally is not you problem. You've given consent and that's that.
    The ticket goes to the registered keeper. She either pays the fine, or says who was driving. So I don't see what you're getting at here.

    And I'm afraid it is. http://www.legislation.gov.uk/ukpga/1988/52/section/143

    The onus is on the registered keeper in this case to prove that while she gave permission, she took reasonable steps to ensure that it would be insured in the proper way.
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    (Original post by Mad Vlad)
    The ticket goes to the registered keeper. She either pays the fine, or says who was driving. So I don't see what you're getting at here.

    And I'm afraid it is. http://www.legislation.gov.uk/ukpga/1988/52/section/143

    The onus is on the registered keeper in this case to prove that while she gave permission, she took reasonable steps to ensure that it would be insured in the proper way.
    But she would not be served with a £60 and 3 points, without admitting liability first.
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    (Original post by Rybee)
    I assume she means once she's passed her test.
    Considering how stupid her and her sister come across then I wouldn't be surprised to see her posting another thread in the very near future about her sister being caught again.
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    (Original post by Mess.)
    Considering how stupid her and her sister come across then I wouldn't be surprised to see her posting another thread in the very near future about her sister being caught again.
    Meh. I don't see why everyone is taking the moral high ground. I've done worse in the past... Nobody is an angel.
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    (Original post by Rybee)
    But she would not be served with a £60 and 3 points, without admitting liability first.



    To your other point, liability would be admitted under S.143(3)(c)
    that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.
    Oh boring technicality. You know exactly what I meant.

    That's for her to prove that she was unaware that she'd be using the car illegally, of course. She knew that she wasn't licensed and thus not insured. She'd do that by seeing a copy of the insurance document entitling her sister to 3rd party cover for her vehicle, which she did not do.
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    (Original post by Rybee)
    Meh. I don't see why everyone is taking the moral high ground. I've done worse in the past... Nobody is an angel.
    Both her and her sister are incredibly dangerous and irresponsible in a vehicle. It's not a case of taking the moral highground but I wouldn't want myself or anyone I know to be near them in a car.

    This isn't ****ing around or anything minor, this is being actively dangerous in a car which can quite easily lead to very harsh repercussions. You should have a flick through her past posting history with relation to motor vehicles.
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    (Original post by Rybee)
    Meh. I don't see why everyone is taking the moral high ground. I've done worse in the past... Nobody is an angel.
    I'm no angel, but I suspect most of us haven't taken someone else's car without consent, driven it with no licence and sped whilst doing so. There's being a bit naughty, and there's being downright stupid.
 
 
 
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