The road traffic offence of failing to name / nominate the driver of a vehicle at the time of an alleged offence can be alleged against;
This normally happens if the vehicle is a company car and the company is the registered owner at the DVLA.
If the company is asked to name the driver at the time of an alleged road traffic offence and the company fails in its duty to do so then the company can be summonsed to court. The company will face a hefty fine unless it can defend the allegation.
If a company is summonsed to court for this offence;
There is no risk of penalty points unless an individual within the company is being held personally responsible.
The prosecution can try and show that the failure to name the driver was due to the negligence or connivance of an individual within the company – for example the company secretary or a director.
The company can defend the allegation if;
The company is only allowed to rely on this road traffic defence if it can show that it was reasonable in the circumstances for the company not to have kept records of who was driving the vehicle at the time!
Otherwise if the company is unable to name the driver you will not be able to use this defence.
If a company is asked to provide driver information, then the company must supply that information. (Normally the company is the registered keeper of the vehicle).
Or alternatively, prove that it was not reasonably practicable. Or, that the company has used reasonable diligence to work out who was driving at the time. Consequently, the company has been unable to ascertain that information.
An important difference between the company and an individual is that;
If a company tries to use a reasonable diligence argument, the company first has to prove that it was reasonable not to have a record in the circumstances.
Effectively this means that companies have to keep records of who is driving their vehicles at any given time. Either that, or risk hefty fines for failing to provide information if they are unable to name the driver when asked.
We represent lots of companies around the country who have been accused of this offence.
One of the most common circumstances relates to companies where their employees are involved in construction or plumbing or are electricians.
These types of organisations often work in teams.
As such, employees frequently nip back and forth from the site to builder's merchants etc, during the course of the day.
We have been successful in these cases, arguing that it was not 'reasonably practicable' in the circumstances for these organisations to keep such a detailed log due to the nature of the work.
Our team have also had good success defending cases where the company has a log keeping system and the employees do not stick to it.
We have therefore successfully argued that it was reasonable in the circumstances not to have a record.
This is because, despite there being a system of record keeping, that system has failed through no fault of the senior managers in the company.
Do you represent a company and has your company has been accused of this offence?
The fines can be extremely high and obviously the company can end up with what is technically a criminal conviction.
Contact us or call in for an urgent response....
The law in relation to individuals who are asked to name the driver is difference see here for further guidance in that respect.
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Totally excellent from start to finish. Am more than happy to recommend you to anyone with a traffic law problem.
I just want to say thank you for your support through this, I would have broken down but was very helpful and reassuring. I'm sure I will not need you again but will readily pass on your details to anyone else who may need your motoring law expertise.
Patterson Law, Graham Brown and his team in particular, were excellent making arrangement of people and places. It has been a pleasure working with them. On the one hand we hope we will not need there services but if so then we will not hesitate to contact Patterson Law. They do just what they say in their publicity material.
Very impressed & a great service. Will gladly recommend you, thank you.
Dear Ruby. My dear friend said "Oh I knew they would be sensible once they had met you"! Yes I am happy to remove this all from my head now. Thank you for your efficiency and effectiveness. All the best