Nips and Human Rights
We get to hear about all sorts of crazy
arguments that people raise in order to
try and avoid responsibility for a road
traffic offence.
We know that you are often desperate
but if you put forward crazy arguments without
merit you will often end up getting yourself
into even deeper water than you were
in to start with.
If you contact us and tell us what's
happened we will be able to tell you whether
or not you have a legitimate defence and
stop you from getting yourself into trouble
with some of the ropey arguments raised
below.
DDS
brings you the top ten myths chart;
Number 1 myth
Asking me to tell you who was
driving is a breach of my human rights!
I am the registered keeper of a vehicle
and I have been asked to provide the identity
of the driver of my vehicle when an alleged
offence took place. I understand that the
prosecution have to prove the allegation
against me beyond reasonable doubt and therefore
I don't have to tell them anything. My human
rights say that I don't have to incriminate
myself by providing this information.
Wrong!!
This argument is a dead duck. Its been
argued over and over again and all the way
to the European Court Of Human Rights. The
ECHR has clearly stated that the keeper
of a vehicle can't be required by law to
provide information as to the identity of
the driver when the vehicle is involved
in an alleged road traffic offence, and
that this compromise is proportionate to
the needs to maintain road safety.
Therefore you can be required to name
the driver of the vehcile at the time of
an alleged offence and you can be punished
if you don't. (s.172 RTA 1988 - 6 points
and a whacking great fine!)
Myth 2
I have purchased a car and I haven't
insured it because I am covered on my policy
for my old car. My policy covers me to drive
any vehicle owned by another person with
their permission. I haven't registered the
new car in my name yet so it is still owned
by another person.
Wrong!!
If you have paid for the car, or part
exchanged it for another and you have entered
into a legal binding contract you own it.
You don't have to be the registered keeper
to be the owner of the car. Therefore you
are not driving a car owned by another person
and therefore you are not insured.
More myths coming soon.........
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