My mate got caught speeding the other day by a camera van. He got the paperwork through the post and has been told if he nominates another driver or fails to return the paperwork, the whole thing might just go away. We’ve got a riders WhatsApp group, and everyone is egging him on to give it a go. Is this likely to go away? Does this even work?

Answer

This is a good question. Let’s break it down.

The police did not stop your mate, so they have no idea who was riding the motorcycle when it was allegedly speeding. The police can only apply to the DVLA for keeper details, which is why they have written to the registered keeper by post.

At this stage, all they are asking is for the registered keeper to provide the rider’s details. This obligation applies to all registered keepers—whether private individuals or companies with multiple vehicles. Even the police must keep a record of who uses a police car and when. (If you’re a copper or know one, this is why they complete the vehicle’s logbook with the date/time it was booked out and returned.) This ensures compliance with Section 172 of the Road Traffic Act 1988, which requires that the driver or rider can be identified if necessary.

If your mate fails to identify the rider, then forget the speeding offence—no one can be prosecuted for it because there’s no evidence of who was riding. However, your mate will face a separate charge for failing to identify the rider, which carries a penalty of six points and a fine of up to £1,000.

If the bike is registered to a company, then the company can be prosecuted for failing to identify the rider. Usually, this results in a fine only, as companies don’t have driving licences. However, the law does allow for the company secretary to be prosecuted, and since they are a person, their licence can be endorsed—though this is rare.

I wouldn’t recommend providing false details (e.g., claiming “my mate abroad was riding”). This could escalate a straightforward speeding offence into perverting the course of justice, which could lead to a prison sentence. Authorities are increasingly aware of this tactic and may investigate further—checking travel records, entry/exit dates, etc. While some cases may slip through due to limited police resources, it’s a risky move.

If your mate does identify the rider, then the rider can plead guilty or not guilty:

  • If guilty, there are three possible outcomes:
    1. Awareness Course – No points or fine, but you pay for the course and attend a half-day remote session.
    2. Endorsable Fixed Penalty Notice (EFPN) – Typically 3 points and a £100 fine, used for minor speeding offences.
    3. Court Appearance – Reserved for the most serious speeding cases.
  • If not guilty, the matter will go to court.

Next month’s Legal column will include a detailed run-down of what happens at court.

Gavin Grewal

Fast Bikes – April 2025