Introduction with a question
Discussion
Hi Guys,
This is my first post, as I have only recently been directed to this site. So far, I've liked what I've read. I am gonna have to adjust my some of my preconceptions about the Police, which is probably a good thing.
Can anyone help me with the following, please.
I got into a discussion with a mate who is a company director. Whilst he was out of the country, one of his guys was caught in a company van by Kojak with his Kodak on an otherwise empty motorway.
If the company director does not ID who was driving, does he get the 3 points on his (clean) licence, and what is the likely size of the fine?
This is my first post, as I have only recently been directed to this site. So far, I've liked what I've read. I am gonna have to adjust my some of my preconceptions about the Police, which is probably a good thing.
Can anyone help me with the following, please.
I got into a discussion with a mate who is a company director. Whilst he was out of the country, one of his guys was caught in a company van by Kojak with his Kodak on an otherwise empty motorway.
If the company director does not ID who was driving, does he get the 3 points on his (clean) licence, and what is the likely size of the fine?
You need to add a lot more detail. If he is a company director does that mean that one of his guys was driving a company vehicle. Normally the company is the regd keeper and no-one should be fooled into putting a name in the box although thousands are. The DVLA change of ownership form is designed to mislead people into putting down a name as well as a company name and even a driver number. The latter is not required by law and if it is a regd Co then no name is necessary.
Provided the Company can show that they took steps to ascertain the driver identity but failed a S172 charge cannot succeed. A good step is not to complete the NIP and certainly don't sign it in any capacity but return it with a covering letter that has several names of drivers that could have been driving but declined or can't remember. The police don't bother to interview the people.
Worse case is a £ 1000 fine for the Co. They have to prove negligence or collusion before a director can be hit with points.
Provided the Company can show that they took steps to ascertain the driver identity but failed a S172 charge cannot succeed. A good step is not to complete the NIP and certainly don't sign it in any capacity but return it with a covering letter that has several names of drivers that could have been driving but declined or can't remember. The police don't bother to interview the people.
Worse case is a £ 1000 fine for the Co. They have to prove negligence or collusion before a director can be hit with points.
Black S2K said:
If the company director does not ID who was driving, does he get the 3 points on his (clean) licence, and what is the likely size of the fine?
If a S172 charge is brought (failing to disclose the driver) (rather than being unable to identify the driver), it is explicitly the Company Secretary who gets the points, not a random director. There is reputed to be a significant demand for non-driving company secretaries...
Hi & welcome,
I believe that a company in law is 'reasonably' expected to keep a record of who is driving a vehicle as a rule, but will obviously depend on the exact circumstances of the case.
A result of failing to identify the driver would therefore result in the points going to the director, but this would not be for speeding so shouldn't affect insurance costs.
I'm no lawyer though and am remebering company law from Uni 3 years ago.
I believe that a company in law is 'reasonably' expected to keep a record of who is driving a vehicle as a rule, but will obviously depend on the exact circumstances of the case.
A result of failing to identify the driver would therefore result in the points going to the director, but this would not be for speeding so shouldn't affect insurance costs.
I'm no lawyer though and am remebering company law from Uni 3 years ago.
Richard C,
Many smaller businesses are forced by finance companies to include the director's name on the agreement and the dealers then register the van accordingly. That is a useful tip to ensure the V5 has the van correctly registered.
Am I right in thinking it depends on whether the director/secretary is done for failing to keep proper records, or for not signing the NIP?
Many smaller businesses are forced by finance companies to include the director's name on the agreement and the dealers then register the van accordingly. That is a useful tip to ensure the V5 has the van correctly registered.
Am I right in thinking it depends on whether the director/secretary is done for failing to keep proper records, or for not signing the NIP?
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