Do I Need To Name The Driver?

Question:

Road Traffic Offence question: I run a chauffeur company which is ltd. I believe that I do not have to give the drivers name, is that correct?

Also the speed trap that this driver was caught in ( by a van on a bridge, that was not visible until the car is within 3//10ths of a mile ) has a “speed camera beware” sign that is 1.2 miles from the site of the van.

Am I correct in saying that this sign should be no more than 1km away from any camera site?

Louise Says:

The answer is I’m afraid not! If you are the registered keeper of the car then you have to give the drivers name otherwise you will get 6 points for failing to do so unless you prove that you didn’t know who was driving at the time and you have used reasonable diligence to figure it out.

If the company is the registered owner of the car, then the company has to name the driver. The company secretary normally takes responsibility for this.

If the company cannot name the driver then the company can only argue reasonable diligence as a defence if the failure to keep a record was reasonable. Therefore a company has a duty to keep a record of who is driving the car at any given time.

What’s the speed alleged and do you know who was driving? Does the person driving have any points? Do you have any points?

There are various guidelines in relation to the warning signs that must be on place for speed traps. None of them have statutory authority and therefore the failure to have any warning signs (or the wrong warning signs) is not a defence. The only defence is if you can cast a doubt on the speed alleged.

Tell me more about what’s actually happened and I will probably be able to be more helpful/positive.