Speeding in company van - who get the points?
#2
The company van - used by everbody with no register of who drives it when. What happens should it get flashed by a Gatso & it is registered under the company name??
[Edited by matt.bowey - 11/12/2003 11:28:47 AM]
[Edited by matt.bowey - 11/12/2003 11:28:47 AM]
#4
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iTrader: (1)
Well the company HAS to nominate a driver.
I think they closed the loophole (of saying you "don't know") and leaglly if you don't nominate a driver for prosecution the management is liable to be charged with perverting the course of justice.
One thing to ensure, was the camera forward facing or rear facing? If forward facing, bear in mind the picture may actually show the driver as well.
Edited to add: The law considers that the company is responsible to ensure it knows who's driving the vehicle at any time, by keeping records, or designating specific drivers to each vehicle.
[Edited by ALi-B - 11/12/2003 11:36:47 AM]
I think they closed the loophole (of saying you "don't know") and leaglly if you don't nominate a driver for prosecution the management is liable to be charged with perverting the course of justice.
One thing to ensure, was the camera forward facing or rear facing? If forward facing, bear in mind the picture may actually show the driver as well.
Edited to add: The law considers that the company is responsible to ensure it knows who's driving the vehicle at any time, by keeping records, or designating specific drivers to each vehicle.
[Edited by ALi-B - 11/12/2003 11:36:47 AM]
#5
It's down to the company directors. If they can show that they made reasonable steps to ensure they knew the driver of the vehicle at all times but still can't identify the driver, no one gets the points, although the company may still be fined. If the directors did not show due diligence in recording drivers then they will almost certainly get both points and fine.
Edited because I suck at the English.
[Edited by NotoriousREV - 11/12/2003 11:36:13 AM]
Edited because I suck at the English.
[Edited by NotoriousREV - 11/12/2003 11:36:13 AM]
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