Failure to notify of driver & insurance issues

Rover_Driver

tommyjj wrote: »

There seems to be a lack of consensus over whether a company director can actually get points in lieu of the actual driver surrendering his license.

As in post 18, if a body corporate (a company) are prosecuted, it is the body corporate itself that are liable for any penalty (no points).

A director or other member of staff of the company would only be personally liable if it was proved that the offence was committed with their consent, etc.

Aretnap

While subsection 5 does indeed say that if a company commits an s172 offence through the consent, neglect etc of a director then the director is also guilty of an offence, such an offence does (or at least should) NOT carry penalty points. See Road Traffic Offenders Act Schedule 2 - endorsement applies "if committed otherwise than by virtue of subsection (5) or (11)"

However if the s172 requirement was served on the director personally, rather than the company, and the director failed to respond appropriately* he could be charged personally, and be liable for points.

The question is academic though as the bloke sounds like he is well out of time to appeal. An appeal would usually have to be made within 21 days of the conviction.

*What would be required for a response to be appropriate would depend on his relationship with the vehicle. If it was a small company and he was generally responsible for the vehicle on a day to day basis he might well be considered the person keeping the vehcile, even if he wasn't the registered keeper, and would have to name the driver, or show why he couldn't have done so with reasonable diligence. If it was a large company and he had little or no direct responsibility for the vehicle he would simply have to give any information he could which might help to identify the driver.