Speeding

euanovsky

My OH and I rented a car the other week and the car rental company has forwarded a notice of intended prosecution for doing 56 mph in a 40 zone. We don't have a car and this is the first time we have a driving offence. So this is all new to us. We are still waiting for the speeding ticket. My research on the internet suggests my OH won't be able to attend the speed awareness course (cut off limit is at 53mph) and the speeding is just above band A (cut off at 55mph) so he would get fined 100% of his weekly income + 4 to 6 points is that right? I read somewhere that he might be eligible for a Fixed Penalty Notice + 3 points instead but not 100% if that's the case?

I don't drive and obviously I'm slightly concerned having points in his licence will impede our ability to renting a car in future!

Thanks. 

Car_54

He should be offered a fixed penalty, £100 and three points.

3 points shouldn’t affect hiring a car.

ontheroad1970

As above, 3 points won't be an issue renting a car.  

Aretnap

Fixed penalties (3 points and £100) are typically offered at up to 65mph in a 40 limit. The higher penalties you mention would only apply if he didn't the offer of a fixed penalty, and ended up with a court appearance instead.

As above, a single speeding conviction is not uncommon and will have no effect on his ability to hire a car. Multiple speeding convictions, or convictions for more serious driving offences, might make it more problematic.

Belenus

Has your OH or the rental company responded to the notice of intended prosecution?

If not, then make sure that is done within the required timescales.

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euanovsky said:

1) the car rental company has forwarded a notice of intended prosecution for doing 56 mph in a 40 zone.

2) We are still waiting for the speeding ticket.

1) really? They have to fill it in and return it with the hirers name & address on, then the hirer- I assume it was in your OH name will receive their own NIP with their name on.  Or is this what has happened, and the NIP is addressed to your OH.

2) Your OH needs to complete the declaration on HIS OWN  NIP that he was driving (or name you if it was you), sign it and then return it to the address on the NIP, then in the fullness of time a fixed penalty will be sent to him.

Is the above what actually happened?

If he accepts the fixed penalty (usually the best & cheapest option, unless he is 100% sure he wasn't speeding and can prove it in court) then he must comply with the terms of the offer, including sending his licence with the payment. (No-one really knows why you still have to do this when everything is online but you do, failure gets the fine refunded and a court appearance)

Jenni_D

As above - you need to be precise with your terminology @euanovsky.

If the S172 was actually forwarded by the hire company and has their name/address on it then they haven't discharged their liability. (Unless they've also advised that this is a copy and that they've responded to the S172 to the Police?). If only the former then there's nothing your OH can do at this point.

If the S172 is in your OH's name/address then he needs to respond to it within the stated time frame. (It may also have a "NIP" section on it where the 3 points / £100 fine is offered so he can "kill 2 birds with 1 stone").

Note: if/when sending off his licence and the payment then I'd recommend doing so at a PO and getting a (free) certificate of posting ... it may not have any legal bearing (i.e. the Interpretations Act may not necessarily apply) but it can't hurt to have proof that something was sent on that date to that address.  

euanovsky

Thank you all for your responses - very helpful.

Sorry if I haven't been precise with the terminology. So the car rental company notified us that they received a NIP. They said they would write to the relevant authority telling them my OH was the driver.

My research and my understanding from the above comments is that my OH will then have 28 days to complete his own NIP. Then eventually he will receive a FPN which he will have 28 days to respond (and he will need to send his driving licence with it).

Am I correct in terms of the timing? It's just that we were going to go abroad the first two weeks in the new year and would be renting a car so we are figuring out if he would still have his physical driving licence with him then (to be fair with covid this trip may well be cancelled...)

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That's right, but if you get marooned abroad by a border closure or locked in a quarantine camp when you get back the clock won't stop, and you will need to have something in place to meet the deadlines, although I dare say that you would have a good argument for a court to sentence at the fixed penalty rate if you couldn't meet the deadlines because you were interned.

Jenni_D

Bear in mind that his S172 notice may include an option to accept the fixed penalty there and then - there may be no need for a S172 then a NIP.

Bear in mind also that you can't know when his S172 will be sent out - they have 6 months (?) from the date of the offence in which to commence proceedings. (Only the first NIP needs to go to the keeper in 14 days).

DB1904

Jenni_D said:

Bear in mind that his S172 notice may include an option to accept the fixed penalty there and then - there may be no need for a S172 then a NIP.

Bear in mind also that you can't know when his S172 will be sent out - they have 6 months (?) from the date of the offence in which to commence proceedings. (Only the first NIP needs to go to the keeper in 14 days).

There is every need to inform a driver they are considering prosecution against them.