Our company vehicle was photographed allegedly at over 40Mph. The police have asked for the identity of the driver. If we refuse to provide this, what can be done?
We have heard that identifying the driver could be a breach of human rights and we simply do not want to upset our employees by asking them to incriminate themselves. The police do have a photograph of the front of the vehicle. The van is licensed for any driver over 25. It is used by employees and freelancers. No driver records are kept.
Is the worst case scenario a £1000 fine for a company?
If you refuse to provide the information the company can be fined and in theory (although this doesn’t happen very often) a individual at the company (for example a director or company secretary) can have 6 points imposed on their licence.
The human rights argument is a dead duck and has been for a very long time. The ECHR has ruled that the registered keeper can be required to name the driver on many occasions now. All the arguments have been exhausted.
Is the company refusing to provide the information or is it the case that you don’t know who was driving?
Tell me more and I will be able to assist further.