Unfortunately, it happens but who’s at fault?
This depends on the circumstances. If your employee is pulled over, they would be asked to provide their details and then they must report it to you. Alternatively, if they are caught by a speed camera, you will receive a letter through the post or the registered keeper will if the vehicle is leased or not owned by your company.
The company receiving the letter of notice must name the driver. If they fail to do so, that can be an offence.
If the company is unable to name the driver, they must be able to show that they have gone to reasonable lengths to try. If a record is not kept of drivers and vehicle usage, the company would need to provide proof of this and explain why records are not taken. If the company can prove that they are unable to name the driver, no one can be prosecuted.
Failing to provide adequate information bears a fine of £1000.
Responsibility?
The responsibility for speeding always rests with the driver. But when the vehicle is driven for work, there are legal potholes. The employer shares responsibility for ensuring that the vehicle is roadworthy and driven safely by the employee. When the vehicle is driven for work, it becomes a workplace and employers have a responsibility to keep employees safe while at work.
Employers can and have been prosecuted, in the event of a serious accident.
So while the driver is at fault for speeding, employers still need to ensure they have taken steps to ensure employees drive sensibly on the road while at work.
The penalties for speeding offences.
Because the driver is over the speed limit, they will have to accept the penalty points and pay a fine.
The points can have a knock-on effect both for the driver and the company.
Drivers who have 6 or more points on their licence can see their insurance premiums rise. This will also affect the company’s insurance for the whole fleet.
There are also costs which the company will have to deal with, such as increased fuel consumption due to higher speeds being used and increased tyre wear from high speeds.
Summary
Ultimately, the driver is responsible for speeding offences. But wise employers will do their utmost to ensure they have covered themselves to reduce the risks.
There are many ways to do this, and the most popular is with a modern telematics system that can monitor driver behaviour and help you improve fleet safety, doing this also helps to reduce costs and legal liability.
