Driving with due care and diligence

Stephen Allsopp was charged with speeding and failing to complete a Section 172 Notice. On the day in question he and his passenger had both been driving the vehicle along the road in question several times and he was unsure who was driving at the time the vehicle was photographed by the safety camera. When he received the Section 172 Notice he wrote to the Safety Camera Unit explaining the position and requesting a photograph which again did not identify the driver. He was then advised by the Safety Camera Unit that as registered keeper of the vehicle he should “nominate” a driver and therefore he nominated himself. He fully completed the Section 172 Notice but also inserted the words on the notice “nominated driver.” He was prosecuted for speeding and not completing the Section 172 Notice but on the day of the trial the prosecution withdrew the speeding charge and proceeded solely with the Section 172 Notice charge. The magistrates decided that he had exercised due care and diligence and he was acquitted.

The rationale from this case is that it is important when receiving a Section 172 Notice to give as much information as you can as to who could have been driving the vehicle and to promptly reply to letters from the Safety Camera Unit and follow any advice given by them.