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17th January 2012

Fancy some points on your Driving Licence? – Become a Company Secretary


17th January 2012

Fancy some points on your Driving Licence? – Become a Company Secretary

It is perfectly possible as a Company Secretary of a company that uses fleet vehicles to receive 6 points on your driving licence for an offence that you may not even be aware of, or know has occurred.

The question is how is this so?  The answer is fairly simple. If you operate a fleet of vehicles, and the driver of one of those vehicles commits an offence, where the driver has not stopped (for instance after speeding or going through a red light caught on camera), then a Section 172 Notice is sent directly to the Company asking for details of the driver of the vehicle.  If this document is not filed and answered, then the police can issue a prosecution notice against the person who is deemed to have received the notice. In the cases of fleet vehicles, that is often the Company Secretary.

The defences to this charge are either showing you have taken all reasonable steps to identify the driver and been unable to do so, or showing that the Section 172 form has not been received by the company. In order to prove the defences, evidence will have to be given at court, by the company secretary, the driver(s) of the vehicles(s) (if necessary) and the people involved in the post opening system, taking a great deal of time and incurring considerable expense.

The simple answer is to make sure all incoming post which amounts to official documents are logged, and also retain a log of who is driving which vehicle at all times.

We at Paris Smith LLP can help if such a situation arises, providing practical advice and assistance where required, and if necessary, representation in any court proceedings.

For further information contact  Cliff Morris or Sarah Wheadon

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