Who Was Driving?

Question:

How does the law stand when the situation is this.

I work for a company and on the day in question we took both our vans to the same job.

Both our vans are the same in colour as well, but also the registration of each van is y, x and as myself or the other driver cannot remember which van we used what happens next?

My boss put my name down as the driver but she has no record written that it was me she just thought it was me no doubt as the other driver was her son that helped her decision! How does the law stand on this? As she can say who was driving the vans but not 100% sure who was in what van.

Dominic Says:

You need to just concentrate on your obligations.

You will get a request to name the driver. You can either confirm that it was you or if you are not sure give any information that is within your power to give.

This means that if it could have been you or the other driver then you need to say this and name the other driver and give his contact details in your response.

The risk is that the police summons you for failing to name the driver. Alternatively they may summons the company for failing to keep a record of who is driving which vehicle at any given time. A company is under a duty to do this.

I think you have a good argument and a good chance of defending this matter if you get summons for failing to name the driver. i would hope that the police choose to summons the company for failing to give a definitive answer rather than you.