Hadi Law

COMPANY FAILING TO NAME THE DRIVE

Have You Been Charged with Failing to Name the Driver?

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Failing To Name The Driver

Under section 172 of the Road Traffic Act 1988, a company must name the driver when a motor offence occurs. This generally happens when the vehicle is a company car and rather than an individual being the registered owner, the business is.

Penalties for a company failing to name the driver

Under section 172 of the Road Traffic Act 1988, a company must name the driver when a motor offence occurs.face This generally happens when the vehicle is a company car and rather than an individual being the registered owner, the business is.

If a company is asked to identify a driver at the time of a motor offence and they fail to do so, they could be summoned to court. If found guilty, the company could face a large fine.

The prosecution can try and show the courts that the company failed to name a driver due to negligence or simply refusing to provide the information.

Company- failing to identify a driver charges can be defended in court, if the company can show the following:

Even with a driver management system, it can be challenging for a company to be 100% sure who the driver is at any given time. For example a building company may have multiple staff members using a company vehicle, going from job site to job site. Therefore it can be hard to know who was driving at a specific time.

Reasonable Diligence

Reasonable Diligence ( Due diligence) is often linked to the Company ‘failing to name the driver’. For this offence, you will have to show that despite reasonable diligence why you are unsure who to name as the driver.

Every case is judged on its own merit and there are no guidelines from the courts.To use this defence you will have to show that on the balance of probability, you have done everything you can to work out who was driving.

How to show Reasonable Diligence

For further information speak to us on 01772 447000 or reach out to us on our 7 day a week WhatsApp helpline 07869760533.

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