Driving Law And Rumours About Ways Around Them
There have been theories about loopholes in the law for years. People hear things about if this isnt checked or if the police forget to do this then they cant arrest you and most of the time, these things just arent true.
Probably the most common way out people think that they have is when a police officer makes a mistake on a traffic offence ticket, e.g. speeding, red traffic light offences etc. and most of the time, you simply wont have an argument.
This is a false belief because traffic offence tickets are not official evidence. They are simply summaries of the incident for referral. If you were to challenge the validity of the ticket because the officer had made an error on it, then all that would happen is; the officer in question will have to write up a detailed report which he will not make a mistake on and a court summons will be sent to you.
However, if you dont believe that you have committed the supposed offence and the officer has made a mistake on the ticket, you may be able to use it as evidence that the officer paid insufficient attention to the incident and has a sloppy approach.
However if you did actually commit the offence and a police officer catches you, you dont really have a leg to stand on.
Another theory that has come up is that when the police ask you who was driving the vehicle at the time of the offence, you dont have to tell them because that would violate human rights. People think that if you are the registered keeper then you dont have to answer the question who was driving it as your human rights allow you to withhold this information.
This is simply not true, there has been an amendment to international human rights in this regard meaning that this information has to be provided at the request of the police or you will be liable for a hefty fine and six points on your licence as they claim that the compromise in human rights is proportionate to the need for road safety.
Something else that is fairly common is that when people have insurance policies whereby they can drive other peoples cars with their permission, they will buy a new car and before they are changed to the registered keeper of the vehicle, they drive it around believing that they are insured to do so having kept their insurance on their old car, because officially the new one belongs to someone else.
This is also a false belief. If you have paid money for the car then as far as the law and insurance goes, that car is yours and if you havent switched the insurance over, then you are driving without insurance, which is of course illegal. - 2368
Probably the most common way out people think that they have is when a police officer makes a mistake on a traffic offence ticket, e.g. speeding, red traffic light offences etc. and most of the time, you simply wont have an argument.
This is a false belief because traffic offence tickets are not official evidence. They are simply summaries of the incident for referral. If you were to challenge the validity of the ticket because the officer had made an error on it, then all that would happen is; the officer in question will have to write up a detailed report which he will not make a mistake on and a court summons will be sent to you.
However, if you dont believe that you have committed the supposed offence and the officer has made a mistake on the ticket, you may be able to use it as evidence that the officer paid insufficient attention to the incident and has a sloppy approach.
However if you did actually commit the offence and a police officer catches you, you dont really have a leg to stand on.
Another theory that has come up is that when the police ask you who was driving the vehicle at the time of the offence, you dont have to tell them because that would violate human rights. People think that if you are the registered keeper then you dont have to answer the question who was driving it as your human rights allow you to withhold this information.
This is simply not true, there has been an amendment to international human rights in this regard meaning that this information has to be provided at the request of the police or you will be liable for a hefty fine and six points on your licence as they claim that the compromise in human rights is proportionate to the need for road safety.
Something else that is fairly common is that when people have insurance policies whereby they can drive other peoples cars with their permission, they will buy a new car and before they are changed to the registered keeper of the vehicle, they drive it around believing that they are insured to do so having kept their insurance on their old car, because officially the new one belongs to someone else.
This is also a false belief. If you have paid money for the car then as far as the law and insurance goes, that car is yours and if you havent switched the insurance over, then you are driving without insurance, which is of course illegal. - 2368
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posted by Frank Potter at 1:53 AM
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