Clause 29 - Breach of duty to give information as to identity of driver etc.
Road Safety Bill [Lords]
5:45 pm
Stephen Ladyman (Minister of State, Department for Transport; South Thanet, Labour)
The right hon. Member for East Yorkshire is right; he has put his finger on why we are making the change. If we did not, and someone was due to receive a six-point penalty for driving well over the speed limit, they would do better for themselves by saying that they did not know who was driving, and taking three points.
There is a defence for the circumstances outlined by the right hon. Gentleman, although now that I know it will be used to defend Conservative candidates, I might consider amending it. Section 172(3) of the Road Traffic Act 1988 provides a defence where a person
“did not know and could not with reasonable diligence have ascertained who the driver of the vehicle ... was.”
In such circumstances, the individual will not be penalised at all.
I hope that that is sufficient explanation for the change and that it provides the reassurance that the hon. Member for Wimbledon sought on a defence being available. I have noted that he regards the Audi as his vehicle and the Renault as his wife’s. I can only say that that is very sexist but entirely understandable.
The issue raised by the hon. Member for Orkney and Shetland is one that reasonable people can have a reasonable disagreement about, but I undertake to reflect on his views before Report.