Lord Chief Justice Facebook

Lord Chief Justice Facebook

My ‘old man’ threatened to castrate me if I got caught riding like a dipstick.

However, I’ve received a Notice of Prosecution for ‘driving without reasonable consideration’ requesting that I identify the rider. I’ve no clue what the problem is.

Several people in a Facebook group have said to ignore the request; they reckon if the police cannot ID the rider I can’t get done. Are they right?

Answer

My ‘old man’ threatened the same thing and made me get proper kit and do a BikeSafe course. ‘Lord Chief Justice Facebook’ may be well-meaning, but they’re wrong.

It’s an offence under Section 172 of the Road Traffic Act 1988 to fail to provide information requested in the Rider Identification Request within 28 days. If you ignore it you could be convicted for failing to provide information. This could result in a fine of up to £1000 and six penalty points on your licence.

My advice – comply with the request. You’ll have to wait to see whether the police pursue the matter further; to be prosecuted successfully for ‘driving without reasonable consideration’ the CPS has to prove that some other user of the road or public place was actually inconvenienced. If you’re convicted, the likely punishment would be an endorsement of three to nine penalty points and a fine.

Andrew ‘Chef’ Prendergast

On 2 Wheels May 2018

Posted by Andrew Prendergast. Last modified: September 21, 2018 at 9:51 am

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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