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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Dear Sir/Madam, I had recently had a visitor from Eastern

Customer Question

Dear Sir/Madam,
I had recently had a visitor from Eastern Europe, Bulgaria, staying over in the UK for Christmas, who visited me in Gateshead, North East England. He is a good driver, with EU (Bulgarian) driving licence and as he had EU insurance cover wanting to experience driving on the opposite side of the road I let him drive my car. I was in the car at all the time.
He was caught doing 35 mile in a restricted are of 30 miles and before I could warn him the camera has recorded the offence. He is not an English speaker living in a small place in Bulgaria. Do you think Northumbria Police will proceed with prosecuting him with the 3 points and 60-100 pounds fine living in another country. It was partially my fault, but also I was not driving the car!
Thank you in advance for your reply
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alice H : My name is ***** ***** I'm happy to help with your question today.
Alice H : The notice will be asking for the driver's details. By law you have to tell the police truthfully who the driver was - failure to give truthful information could result in a prosecution for perverting the course of justice which could result in a prison sentence. So, in answer to your question, you must tell the police truthfully who the driver was so they can decide whether to prosecute or not. If they prosecute for speeding the penalty is a fine and 3-points.
JACUSTOMER-solqdxoa- :

Dear *****,

JACUSTOMER-solqdxoa- :

Thank you for your prompt reply, much appreciated on Sunday AM. My question is more if given the different country the driver is living in and the lack of EU law and practice of penalty points being transferred if you expect that Northumbria Police will be taking this difficult process any furher, i.e. with Bulgarian authorities?

Alice H : If they accept the driver was your friend from Bulgaria any points to be imposed would be done on the DVLA database. The UK has no jurisdiction to impose points on licences in Bulgaria. So the way it would work is: you notify the police of his details, they write to him in Bulgaria, he may or may not respond, the police will proceed with a prosecution in the UK courts and points would be imposed in his absence, the points would be notified to DVLA. If he returns to the UK in the future and is stopped for any driving offences the police would be able to see that he has had 3 points imposed in the past.
Alice H : However, what the Northumbrian Police would not do is go to the time and trouble of contacting their counterparts in Bulgaria to trace and/or speak to the man in Bulgaria. That I think would be a waste of time and resources for this minor offence.
Alice H : Can I assist further?
JACUSTOMER-solqdxoa- :

Dear *****,

JACUSTOMER-solqdxoa- :

Many thanks for your prompt reply.

Alice H and other Law Specialists are ready to help you
Expert:  Alice H replied 2 years ago.
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Customer: replied 2 years ago.

Hello Alice,

Thank you for your swift and clear reply. The important point here is that the 3 points will be registered on the DVLA data base.

I also agree that for a minor offence like this Northumbria Police will not be investing time into tracking a Bulgarian national.

Thank you excellent service

Expert:  Alice H replied 2 years ago.
My pleasure.
There is no mutual recognition between the UK and Bulgaria of penalty points so any points imposed here will not affect him over there.
Have a great day.
Alice
Customer: replied 2 years ago.

Hello Alice,

The person driving my car had EU insurance, but was not insured on my car specifically. I know to drive a car in the UK you must be insured with your name, i.e. the car has the insurance, not the individual as in many EU countries? What would the police say about this?

Expert:  Alice H replied 2 years ago.
A person driving a car must be insured as you know.
If he was uninsured two offences are likely: that he used a car without insurance and/or that you permitted his use without insurance. Both offences carry a fine and minimum 6 penalty points each.
In short you could both be prosecuted if he used your car uninsured.