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Speeding drivers face more points | Speeding drivers face more points |
(about 4 hours later) | |
Motorists who fail to declare who was behind the wheel when a speeding offence was committed are to face stiffer penalties from Monday. | Motorists who fail to declare who was behind the wheel when a speeding offence was committed are to face stiffer penalties from Monday. |
Those convicted of failing to provide information on the identity of a driver will get six penalty points on their licence - doubling the current rate. | Those convicted of failing to provide information on the identity of a driver will get six penalty points on their licence - doubling the current rate. |
The aim is to punish those who falsely claim they do not know who was driving. | The aim is to punish those who falsely claim they do not know who was driving. |
Ministers say those with good reason for not naming a driver, such as if a vehicle is stolen, will have a defence. | Ministers say those with good reason for not naming a driver, such as if a vehicle is stolen, will have a defence. |
'Hamilton defence' | 'Hamilton defence' |
According to the Department of Transport, relatively few speeding motorists are pulled over on the spot. | According to the Department of Transport, relatively few speeding motorists are pulled over on the spot. |
Most vehicles committing offences are caught by speed cameras, which cannot always identify the driver. | Most vehicles committing offences are caught by speed cameras, which cannot always identify the driver. |
The government says it is concerned that some motorists are exploiting the so-called "Hamilton defence", named after former Conservative MP Neil Hamilton and his wife, Christine, who avoided a speeding fine four years ago. | The government says it is concerned that some motorists are exploiting the so-called "Hamilton defence", named after former Conservative MP Neil Hamilton and his wife, Christine, who avoided a speeding fine four years ago. |
They said they had been taking it in turns behind the wheel so could not say which of them had been flashed by the camera. | They said they had been taking it in turns behind the wheel so could not say which of them had been flashed by the camera. |
Our concern is that it will cause hardship to that small number of motorists who genuinely do not know Sheila RaingerRAC Foundation | |
Vehicle owners are obliged under the Road Traffic Offenders Act 1988 to tell police who was driving at the time of an alleged motoring offence. | Vehicle owners are obliged under the Road Traffic Offenders Act 1988 to tell police who was driving at the time of an alleged motoring offence. |
Critics said those who genuinely did not know who was driving their car when an offence was committed could suffer. | |
Sheila Rainger, of the RAC Foundation, said: "It's a provision that has been abused and that's really the reason behind upping the stakes in this way. | |
"Our concern is that it will cause hardship to that small number of motorists who genuinely do not know. | |
"You might say 'how on earth can you not know who is driving your car' but for a family car shared between four or five members of the one family it's quite possible you genuinely may not know." | |
Lawyer Nick Freeman - known as Mr Loophole because of his success at getting clients acquitted of motoring offences - said he also thought the new legislation unfair. | |
He said: "I'm concerned that people are going to be placed under pressure to try and name - and of course there are genuine cases; many, many genuine cases where people simply don't know who was driving, and my theory is that they're going to put down a name simply to avoid getting six penalty points." |
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