Company Obligations Under S172 Road Traffic Act 1988

Company Obligations Under S172 Road Traffic Act 1988

If a company or employer is the registered keeper of a vehicle the notice of intended prosecution and the request for driver information will usually be sent directly to the company at the registered place of business.

If the Company/employer fails to provide the details then it will commit the offence of failing to provide driver information.

The company will face a hefty fine unless it can defend the allegation.

I am a director responsible for transport in the company will I be held liable under S172?
If a company is summonsed to court the company cannot get points because it is unable to hold a driving record. However, if an individual within the company is responsible and identified as such then that person may have 6 points endorsed on their driving record.
Are there any defences a company may raise?

The company can defend the allegation if;

  • The company can show on the balance of probabilities that it did not receive the request for driver identity in the first place.
  • It can show on the balance of probabilities that it has used due diligence to ascertain who was driving at the time of the alleged offence.

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.

It is imperative that an employer or company keeps records and logs of who is driving any particularly vehicle at any time. It will be difficult to defend if there no logs being kept.

We have a good system but our staff sometimes fail to observe it?

As long as you have good systems in place and regular systems to check on proper use of the system then if an employee has on one occasion failed to observe the procedure then you may have a good defence. However, if there are many failings in relation to the system that management have failed to address then this may not be as strong.

We help companies by advising on systems to ensure that they are watertight if the company facing a challenge of failing to respond.

We have received NIP and request for driver information are we legally obliged to inform our employees that we have nominated them?

Whilst there is no legal obligation to inform the driver we would always recommend that there is a system in place to inform the employee. It is not only a matter of courtesy but it will give your employee advance notice of an offence so that he/she can seek early legal advice.

We offer service level agreements with companies which enable them to provide free initial written advice to their employees. This has the benefit of taking the stress off the employee and also remove the hassle that a prosecution of an employee can create for managers such as time off for stress, or having to replace an employee at great cost/time because they failed to get the correct legal advice.

Early referral to specialist solicitors can save a company thousands of pounds.

What benefits would our company gain?
  • We have represented many employees where their managers have indicated if that employee were to be banned it would cost the company £1000’s.
  • By seeking early advice with us we have been able to save the employee’s licence often getting cases discontinued without a court hearing and save the company from the costs of recruitment, re-training and the hassle involved in those processes. We have also saved other employees from having to take on the extra burden if a colleague can no longer pull their weight because of a ban.
  • Sadly it is often the case that employees are left to their own devices with devastating consequences which cost their employers a lot of money.
  • Some feel they can sort it out themselves whilst other seek non-specialist advice often resulting in a disqualification/imprisonment which could have been avoided.
  • We offer early intervention and a consistent approach to all employees in a company facing motoring offences.

If you are a company director or transport manager and wish to discuss what services we may offer your company. Call our CEO, Andrea Clegg on 01270 509496 and she will be able to discuss the services we can offer to benefit your company.

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