Who pays if a company fails to ID driver
Who pays if a company fails to ID driver
Author
Discussion

Johnnytheboy

Original Poster:

24,499 posts

215 months

Thursday 21st May 2020
quotequote all
I had started writing a more detailed version of this, then the person involved vetoed it as TMI. rofl

In a general sense, if a driver gets caught for speeding in a company vehicle, but all the paperwork goes to the employer who utterly fail to deal with it, resulting in a much larger fine than an SP30 would normally attract, who pays and who gets points?

At this stage I either don't know all the details, or have been prohibited from divulging them. Just interested in the general principle.


mybrainhurts

90,809 posts

284 months

Thursday 21st May 2020
quotequote all
If the company has tried to identify, but is unable, it has an effective defence under S142 (?)

If it didn't bother, the company secretary will get a spanking.

Johnnytheboy

Original Poster:

24,499 posts

215 months

Thursday 21st May 2020
quotequote all
Ok it looks like the paperwork just hasn't been processed.

Let's imagine for a moment it is a charity... what is the equivalent of company secretary, and what form does a "spanking" take?

My firm have a cast iron system for this (don't I know it frown ), so it's never really occurred to me to wonder what would happen if an employer just did nothing until the situation escalated.

SS2.

14,712 posts

267 months

Thursday 21st May 2020
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If (and it's a mighty big if) they went after an individual as well as the Company, it could be a manager, director, secretary or other similar officer of the corporate, or a person purporting to act in any such capacity.

SS2.

14,712 posts

267 months

Thursday 21st May 2020
quotequote all
mybrainhurts said:
If the company has tried to identify, but is unable, it has an effective defence under S142 (?)
To rely on s.172 (4) as a defence ('reasonable diligence'), they'd need to convince the court that it was reasonable to fail to maintain a record of who was driving.

Johnnytheboy

Original Poster:

24,499 posts

215 months

Thursday 21st May 2020
quotequote all
The odd thing here (and I am relating this via chinese whispers) is that a minor speeding offence has turned in to a 200 quid fine.

The driver is not disputing that he was driving, but is unwilling to pay because no one had (chinny reckon) told him that vans had a lower speed limit, and therefore the employer should pay the fine.

But I am very unclear how it ended up being £200, though an extra little snippet is that this has been rumbling on since last summer, it seems.

Chris32345

2,141 posts

91 months

Thursday 21st May 2020
quotequote all
Johnnytheboy said:
The odd thing here (and I am relating this via chinese whispers) is that a minor speeding offence has turned in to a 200 quid fine.

The driver is not disputing that he was driving, but is unwilling to pay because no one had (chinny reckon) told him that vans had a lower speed limit, and therefore the employer should pay the fine.

But I am very unclear how it ended up being £200, though an extra little snippet is that this has been rumbling on since last summer, it seems.
That's not the company's fault isn't it in the highway code? I'd so driver should know this

SS2.

14,712 posts

267 months

Thursday 21st May 2020
quotequote all
Johnnytheboy said:
The odd thing here (and I am relating this via chinese whispers) is that a minor speeding offence has turned in to a 200 quid fine.

The driver is not disputing that he was driving, but is unwilling to pay because no one had (chinny reckon) told him that vans had a lower speed limit, and therefore the employer should pay the fine.

But I am very unclear how it ended up being £200, though an extra little snippet is that this has been rumbling on since last summer, it seems.
More info needed.

Gecko1978

12,302 posts

186 months

Thursday 21st May 2020
quotequote all
I have often wondered about this. Say me or my wife goes through a speed camera and we are alone in the car and going to a fancy dress ball so she is wearing a cheebacca costume. At the same time I am also going to a party in another car dressed as cheebacca.

Now we dress as cheebacca often as we are members of the cheebacca appreciation society. Sadly the ticket comes in an neither of us know who was driving that day we ask for the photo and ifs just a wookie.

So let's say the above is true in court we can not say who was driving truthfully. Does the court have to prove who was driving or does the registered keep get the points even though they may not have been in the car.

anonymous-user

83 months

Thursday 21st May 2020
quotequote all
The driver is responsible for knowing the speed limit applicable to the vehicle she is driving. Nothing at all to with anyone else

Meeten-5dulx

3,349 posts

85 months

Thursday 21st May 2020
quotequote all

Drumroll

4,517 posts

149 months

Thursday 21st May 2020
quotequote all
Gecko1978 said:
I have often wondered about this. Say me or my wife goes through a speed camera and we are alone in the car and going to a fancy dress ball so she is wearing a cheebacca costume. At the same time I am also going to a party in another car dressed as cheebacca.

Now we dress as cheebacca often as we are members of the cheebacca appreciation society. Sadly the ticket comes in an neither of us know who was driving that day we ask for the photo and ifs just a wookie.

So let's say the above is true in court we can not say who was driving truthfully. Does the court have to prove who was driving or does the registered keep get the points even though they may not have been in the car.
Meanwhile in the real world. The courts would need to decide.

Drumroll

4,517 posts

149 months

Thursday 21st May 2020
quotequote all
JPJPJP said:
The driver is responsible for knowing the speed limit applicable to the vehicle she is driving. Nothing at all to with anyone else
Their could be a reasonable defence, though. Not sure what it was, but I was always told that not only must I give my drivers the company driving handbook but I must verbally tell them what the speed limits were for the van they had been allocated. (and get them to sign that I had told them)



Gecko1978

12,302 posts

186 months

Thursday 21st May 2020
quotequote all
Drumroll said:
Gecko1978 said:
I have often wondered about this. Say me or my wife goes through a speed camera and we are alone in the car and going to a fancy dress ball so she is wearing a cheebacca costume. At the same time I am also going to a party in another car dressed as cheebacca.

Now we dress as cheebacca often as we are members of the cheebacca appreciation society. Sadly the ticket comes in an neither of us know who was driving that day we ask for the photo and ifs just a wookie.

So let's say the above is true in court we can not say who was driving truthfully. Does the court have to prove who was driving or does the registered keep get the points even though they may not have been in the car.
Meanwhile in the real world. The courts would need to decide.
My question is in a situation where the camera did not identify the driver and you could honestly say you did not know. Does someone still get convicted.

An as above wookie costume while driving is a thing

roadsmash

2,667 posts

99 months

Thursday 21st May 2020
quotequote all
Surely the driver gets the punishment for the offence and the registered keeper gets the punishment for not passing the details on?

Presumably they’re treated as separate offences and they don’t cancel each other out.

However, on the basis that this whole thing could have been avoided if the driver just didn’t speed, the company will probably have grounds to give him a bking regardless.

scottyp123

3,881 posts

85 months

Thursday 21st May 2020
quotequote all
Gecko1978 said:
I have often wondered about this. Say me or my wife goes through a speed camera and we are alone in the car and going to a fancy dress ball so she is wearing a cheebacca costume. At the same time I am also going to a party in another car dressed as cheebacca.

Now we dress as cheebacca often as we are members of the cheebacca appreciation society. Sadly the ticket comes in an neither of us know who was driving that day we ask for the photo and ifs just a wookie.

So let's say the above is true in court we can not say who was driving truthfully. Does the court have to prove who was driving or does the registered keep get the points even though they may not have been in the car.
Its Chewbacca, have you even seen Star Wars. Anyway dressing up as a Wookie won't save you from the police.

https://www.youtube.com/watch?v=77B2ZvxT59Q

Johnnytheboy

Original Poster:

24,499 posts

215 months

Thursday 21st May 2020
quotequote all
roadsmash said:
Surely the driver gets the punishment for the offence and the registered keeper gets the punishment for not passing the details on?
Well yeeeesss, but it's never really occurred to me as to how this plays out if the registered keeper is an entity rather than an individual.

cptsideways

13,884 posts

281 months

Thursday 21st May 2020
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Seen just this in court, case ahead of mine. Company got fined £1100 for just this it would have been an sp30.

Drumroll

4,517 posts

149 months

Thursday 21st May 2020
quotequote all
Johnnytheboy said:
roadsmash said:
Surely the driver gets the punishment for the offence and the registered keeper gets the punishment for not passing the details on?
Well yeeeesss, but it's never really occurred to me as to how this plays out if the registered keeper is an entity rather than an individual.
It gets interesting, some companies lease their vehicles directly through a leasing company. Some buy the vehicles but use a leasing company to run them. a few even lease through the manufacturer. A few actually own their fleet Then there are those that although being used in the UK they are registered abroad. (in the 30 years I worked for the same company (well my terms and conditions didn't change) we went through all these)

Larger companies may well have a transport department but it is often individual hiring managers who have responsibility for the vehicles their staff use.



10126 Torino

4,994 posts

108 months

Thursday 21st May 2020
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If this company get hit with a large fine ,does matey expect to keep his job ?