Companies - Failure to Furnish Driver Information

The rules relating to companies are slightly more onerous, to those relating to individuals. If the alleged offence was committed in a company vehicle, the company would be expected to provide details as to who was driving. Some companies struggle to identify who was driving one of their vehicles at any one time, particularly if they have a large fleet of vehicles.

The law also requires a company to keep a record of all persons driving its vehicles. Unfortunately, the ‘reasonable diligence’ defence that is available to individuals is not available to a company, unless it can show that failing to keep a record of all persons driving its vehicles was reasonable.

Although a vehicle involved in an offence may belong to a company, a director, manager, secretary or other similar officer of the company can be deemed responsible for that vehicle and prosecuted if the company fails to provide the drivers details. This seems particularly harsh as the person being prosecuted may have no dealings or knowledge relating to the vehicle, yet still face a potential penalty of 6 points on their driving licence.

Contact JMW Today

Have you received notification of an alleged motoring offence being committed in your company vehicle? Has one of your employees or colleagues been accused of failing to provide driver information?

We can provide the legal advice and representation you or your employee need to avoid a conviction or reduce the penalty imposed by the court. Call us free on 0800 804 8159.

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