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Breaches of Highway Code with a company vehicule : The employer must disclose identity

We would like to take this opportunity to remind you that since January 1st 2017, when an infringement is committed with a company vehicule, the employer must disclose the identity and the address of the employee who committed the infringement, otherwise the employer will be subject to pay a fine of 750 euros.   

 – 45 days to disclose –

Since this date,  employers must disclose the contact details of the employee who committed a Highway Code infringement with a company vehicule or a vehicule rented by the company, and recorded by an automated radar.

The disclosure consists of sending back a statement by registered mail with acknowledgement of receipt or by filling the online statement with the identity and address of the driver. This should be done within 45 days from the mailing or remittance of the offence notification to the employer. The other option offered to the employer is to prove a robbery, an usurpation of the licence plate number or any other acts of god.

– Which infringements are concerned-

The concerned infringements relate to wearing the safety belt, using a mobile phone held in hand, using roads and ways reserved for certain categories of vehicules, driving on emergency lanes, complying with safe distances between vehicules, crossing and overlapping continuous lines, respecting STOP  signs, speed limits, overtaking a vehicule when prohibited, entering a space between 2 different stopping lines at a stop sign, the obligation to wear a certified helmet, and the obligation to subscribe a liability insurance.

– No disclosure or fraud –

The legal representative of the company, natural person, who does not comply with the disclosure obligation will be subject to pay a 4th class fine, which amounts to 750 euros maximum. In addition, the company, legal person, may be subject to pay  3,750 euros maximum. This is also in addition to the offense notification which remains in such case at the personal cost of the company legal representative natural person, who will also lose points on his/her driving license. In case of false statement, the legal representative  could be threatened by criminal prosecutions.

 

Helen Abruzzino

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