Law and Rights
Steve Coogan not guilty of speeding at Hove seafront declares the BBC 16th July. In fact, it appears that he was found not guilty of the offence of failing to supply information under section 172 of the Road Traffic Act 1988. This is not a speeding offence though the request for information related to a vehicle alleged to have been speeding.
Section 172 (Duty to give information as to identity of driver etc in certain circumstances.) is, in essence, a finger-pointing provision. The section was considered in the recent case of Lynes v DPP [2012] EWHC 1300 (Admin) - McCombe and Hickinbottom JJ.
A speed camera does not identify the driver, only the vehicle. However,
every vehicle has to be registered with the DVLA under the provisions of the Vehicle Excise and Registration Act 1994 and regulations thereunder. The details to be registered include those of the keeper and that keeper's address. Section 172 of the Road Traffic Act 1988 lays down a procedure for obtaining information about who is driving a vehicle at any particular time in relation to a number of offences, including speeding.
This has been a troublesome section which has spawned a considerable volume of case law. Lynes v DPP is useful since the judgment draws together a number of those cases.
There is often considerable confusion as to what the section is about - as I believe is demonstrated by the reporting of the case against Steve Coogan - BBC 16th July. Section 172 is concerned only with failure to supply information. It is NOT a speeding charge though section 172 notices are most commonly used in relation to speeding offences.
The section itself contains defences.
172(4) - A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
172(7) - A requirement [to supply information] may be made by written notice served by post; and where it is so made -
(a) it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and
(b) the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.
The internet is replete with solicitors advertising their services in relation to this section.
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Law and Rights
Finger pointing
Section 172 (Duty to give information as to identity of driver etc in certain circumstances.) is, in essence, a finger-pointing provision. The section was considered in the recent case of Lynes v DPP [2012] EWHC 1300 (Admin) - McCombe and Hickinbottom JJ.
A speed camera does not identify the driver, only the vehicle. However,
every vehicle has to be registered with the DVLA under the provisions of the Vehicle Excise and Registration Act 1994 and regulations thereunder. The details to be registered include those of the keeper and that keeper's address. Section 172 of the Road Traffic Act 1988 lays down a procedure for obtaining information about who is driving a vehicle at any particular time in relation to a number of offences, including speeding.
This has been a troublesome section which has spawned a considerable volume of case law. Lynes v DPP is useful since the judgment draws together a number of those cases.
There is often considerable confusion as to what the section is about - as I believe is demonstrated by the reporting of the case against Steve Coogan - BBC 16th July. Section 172 is concerned only with failure to supply information. It is NOT a speeding charge though section 172 notices are most commonly used in relation to speeding offences.
The section itself contains defences.
172(4) - A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
172(7) - A requirement [to supply information] may be made by written notice served by post; and where it is so made -
(a) it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and
(b) the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.
The internet is replete with solicitors advertising their services in relation to this section.
- Speeding - Prescribed And Approved Measurement Devices
Road traffic offending continues to produce some interesting judicial decisions. On 3rd February, the High Court gave judgment in Brotherston and others v Director of Public Prosecutions [2012] EWHC 136 (Admin). Four drivers had...
- What Is A Segway?
SegwaysGeneral information about Segways The Administrative Court recently gave judgment in Coates v CPS [2011] EWHC (Admin) 2032. Mr Coates was charged with: "On 12/02/2010 at Barnsley wilfully rode a motor vehicle, namely SEGWAY upon a footpath...
- Road Traffic: Causing Death Offences
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It is not possible to say exactly how many uninsured drivers are on the roads. Nevertheless, the number is very substantial. In July 2010, The Independent drew attention to the fact that premiums were rising and that this might be leading...
- Police Powers No. 1
In recent times, the Police have acquired some very remarkable and even draconian powers. Let's face it, people driving vehicles without a driving licence or insurance are a public danger and, in 2005, Parliament decided to take tougher action...