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Old 18-01-2009, 05:23 PM
  #32  
tabetha
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You need to be carefull about section 128, of the Road Traffic Act 1988, the ONUS to state who was driving ONLY becomes valid in law, once a crime has been commited.
I have a NIP here from 11/12/08 asking me who was driving my car at such and such a time, I told the rozzers to give me PHOTOGRAPHIC evidence as they suggested this had been seen by a camera van, or I staed failing that I would NOT divulge who was driving and considered thier request malicious, without evidence.
I am still waiting.
There has been no suggestion of speeding, and I pointed out also any NIP has to come about as evidence from a Police Officer, camera van men are civilians(in norfolk) so NIP cannot be issued as a result of their accusation, speeding is different as they have a photo, but even then must be agreed by a plod looking at photo first.
A full license holder can have point on his license if for example they break down, so learner is in seat steering car whilst it is pushed to side of road, this could result in points, just one example.
tabetha