Section 172 - not registered keeper or owner, Does section 172 apply to driver named on keepers NIP response? Options

[Hugsi]

Hi, just seeking any insight into the intrinsics of section 172. I've had a good look through previous threads but am still a bit unclear, I'd therefore appreciate any input or else direction to any previous topic I've missed. My understanding of section 172 provides that where it is alleged that a driver of a vehicle is guilty of a road traffic offence, the owner of the vehicle must identify who was driving it when the offence was committed. If you are not the registered keeper or owner of the vehicle, I presume you could still be prosecuted under section 172 (b)any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver, if you failed to respond to a NIP.

The scenario in question is in regards to a NIP received for speed offence (camera) in England in a rental car.

Thanks

[Advertisement]

[cp8759]

If you are not the registered keeper or owner of the vehicle, I presume you could still be prosecuted under section 172 (b)any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver, if you failed to respond to a NIP.

Correct.

[666]

You are correct.

[Hugsi]

Thanks for the clarification, much appreciated.

[andy_foster]

For the sake of completeness, it is "the person (if any) keeping the vehicle" or "any other person" (which also includes the person keeping the vehicle).
The Registered Keeper and/or owner might not necessarily be the person keeping the vehicle.

[Hugsi]

For the sake of completeness, it is "the person (if any) keeping the vehicle" or "any other person" (which also includes the person keeping the vehicle).
The Registered Keeper and/or owner might not necessarily be the person keeping the vehicle.

Thank you, an important distinction to make. I gather then that if you rent, borrow, or anything in between you are to all intents and purposes the keeper of the vehicle?

[cp8759]

For the sake of completeness, it is "the person (if any) keeping the vehicle" or "any other person" (which also includes the person keeping the vehicle).
The Registered Keeper and/or owner might not necessarily be the person keeping the vehicle.

Thank you, an important distinction to make. I gather then that if you rent, borrow, or anything in between you are to all intents and purposes the keeper of the vehicle?

Not necessarily. I've occasionally borrowed my girlfriend's car for the day, that did not make me the person keeping the vehicle.

[The Rookie]

Keeper or not is somewhat subjective and would be based on the individual facts of a case, it's quite possible that on the same facts one court would decide someone was the person keeping the vehicle while another would not.

That said, if a defendant states there were not the keeper and wish to avail themselves of the lower threshold statutory defence that provides, it is for the prosecution to prove they were the keeper at the time, which may be quite hard to do.