Company car in Speeding Allegation

Posted on January 31, 2019

We acted recently for a business that had a series of company cars, one of which was involved in a speeding incident.

The notice to prosecute came in the post addressed to the business, as it would if you were caught out speeding in your own car.

Like many companies with large numbers of fleet vehicles, there are a number of different drivers who might be on the road at any one time. In this instance, the company secretary was unable to determine who was driving and this information could not be forwarded to the Central Ticket Office and they turned to us for advice.

Andrew Murray, the solicitor, represented the firm at a recent Magistrates’ Court.

“As no one could be identified as having driven the vehicle the Company pleaded guilty to failure to provide information leading to the identity of the driver at the time of the alleged offence.

“This case highlights the importance of being honest when receiving requests for information. My clients could genuinely not determine who was driving at the time of the offence so did not presume or indeed submit just any name,” said Mr Murray.

It comes hot on the heels of MP Fiona Onasanya, the MP for Peterborough who was given a prison sentence for perverting the course of justice after a speeding incident. In this case, the MP’s Nissan Micra was doing 41 mph in a 30 mph zone. It was alleged she went on to collude with her brother Festus to avoid a speeding ticket in a series of exchanges with the police.

She was sent a notice of intended prosecution to fill out, but it was sent back naming the driver as an acquaintance of her brother who was away visiting his parents in Russia at the time.

In our recent case despite the company being the registered keeper of the vehicle, the ‘company’ could not hold a driving license so no penalty points could be endorsed; however, a fine with costs was awarded against them.

For advice on all motoring offences call Andrew on 0161 785 3500.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

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