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Speeding in company van - who get the points?

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Old 12 November 2003, 02:39 PM
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Boro
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Depends if its a LIMITED company or not? IIRC anything less than a limited company doesnt have to keep records by law. So, if they say they dont know who was driving then thats the end of it.
Old 11 December 2003, 11:27 AM
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matt.bowey
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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]
Old 11 December 2003, 11:27 AM
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edited to remove double post!

[Edited by matt.bowey - 11/12/2003 11:28:00 AM]
Old 11 December 2003, 11:34 AM
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ALi-B
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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]
Old 11 December 2003, 11:35 AM
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NotoriousREV
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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]
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