Re: Speeding :(


"David Griffith" <nntp-junk@xxxxxxxxxxxxx> wrote in message
news:8movd4-gf7.ln1@xxxxxxxxxxxxxxxxxxxxxxxx
Aaron B wrote:

Assuming that the foreign country can be identified and is co-operative.
I
couldn't see them getting much help from, say, Iran or some other
countried - either because of a lack of will or the inability to follow
it
up.
Is there anything that can be done of the foreign driver refuses to pay?

Depends on whether they are still in the country. They would probably be
tried and found guilty in their absence, but if they've already left the
UK and don't plan on returning then there is little that can be done.
Speeding is not an extradition matter, but the foreign driver may wish
to ensure the fine is paid before returning to the UK.

Thanks makes good sense.


If the car is in the UK for more than the allowed time ( I think 6
months) then it will be pulled over at the next ANPR camera it goes
past.

If a UK registered keeper nominates a foreign driver, I think standard
practice is to demand proof of insurance for the foreign driver, and
investigate thoroughly, as they'll be looking for evidence of perverting
the course of justice and/or permitting the use of the car with no
insurance.


OK. So you can send them an insurance document in, say, what ever
language
they speak in Burma and they are going to follow it up? Would they bring
in
an interpret to speak to the Burmese company?
What if the foreign country has no system of mandatory insurance? ISTR
that
Soviet Russia was like this.



The requirement is for insurance to UK standards, not insurance in your
home country. I was also talking about someone in the UK who owns a UK
registered and plated car, permitting someone from outside of the UK to
drive it (or claiming as such to the police/camera partnership), who
then speeds.

The UK standards are listed in s145 of the Road Traffic Act 1988 (as
amended) but the most important one for this discussion is s145 (2) "The
policy must be issued by an authorised insurer."

"Authorised Insurer" is defined in s145 (5) as the same as in s95 (2)
which is

"Authorised insurer" means an insurer who is a member of the Motor
Insurers Bureau (a company limited by guarantee and incorporated under
the Companies Act 1929 on 14th June 1946).

Does that mean that foreign registered cars are exempt from the insurance
requirement?
Furthermore, is it illegal for a foreigner to driver a UK registered car as
it is unlikely that they have such insurance?


So unless the Burmese insurer is a member of the MIB, the insurance
isn't relevant to defend a "No Insurance" charge (although if the cover
is sufficient, and the insurers told the driver he was legally insured
in the UK it would probably count as Special Reasons not to endorse and
the driver may escape with an Absolute Discharge).

If I lent my car to my american friend, I would check first that their
USA driving licence was valid in the UK as after a certain time in the
country you have to exchange it for a UK licence, and that they were
insured against third party risks to the required level under s143 of
the RTA. If they were both licenced and insured, I could then lend them
my car, and any speeding tickets would be their problem as I could
nominate them without personal risk, but if I didn't check their
details, I could land myself with a charge of Causing/Permitting No
Insurance which has more points and a larger fine than the simple
speeding.

OK. Would it be a defence if the foreigner had given you an assurance that
they had such licence and insurance even if they didn't? It must also be
hard to check if a foreign liecence is real, especially in some developing
countries where records aren't kept and no central database exists.



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