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:
- The company can show they did not receive the notice of intended prosecution.
- They can show reasonable diligence to find out who the driver was at the time of the alleged offence but were unable to say with certainty who the driver was.
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
- If you are unsure who the driver was, request the photo evidence from the police.
- Check your work / diary schedule
- Ask all other drivers who are insured and have access to the vehicle
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