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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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An employee who is a supervisor, has a provisional driving licence, and was coming back fr

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An employee who is a supervisor, has a provisional driving licence, and was coming back from London in one of our vans, he told the agency driver I have employed months to drive him that he wanted to drive the van home. He was driving on the M25 and got stopped by police as they suspected him of using a mobile phone whilst driving, but in fact the phone had not been in use. The police asked him to produce driving Licence etc, which he couldn't. They asked details and gave him a ticket instructing him to produce his documents within 7 days and would be put on a register months suspected phone use, they also took a photo of him. In his panic (his words) he gave them the name of another employee of ours who does have a full licence. He asked this other employee if he would take his licence, the insurance and MOT to the local police station. The other employee came to me as he did not want to do this, but did not want to get him in trouble either.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

What is it you would like to know please?

Customer:

What would be the provisional license holders best course of action.

Customer:

What will happen to him when he tells the police what he has done? What should I do as his employer and owner of the vehicle?

Customer:

have you read my questions above?

Alex Watts :

Technically this is obstructing the Police.

Customer:

I now have two chat windows open and not sure which you are in?

Alex Watts :

In short he is driving otherwise in accordance with a licence.

Alex Watts :

It may be the insurance was also invalid.

Alex Watts :

So worse case:

Alex Watts :

1) No insurance - 6 points and a fine

Alex Watts :

2) Driving otherwise in accordance with a licence - 3-6 points and a fine

Alex Watts :

3) Obstruct PC - fine

Customer:

This would top up to a bann I assume?

Alex Watts :

No, the points and not consecutive, concurrent.

Alex Watts :

So it would be 6 points maximum

Customer:

Is he likely to be kept at the police station?

Alex Watts :

Unlikely.

Alex Watts :

Its a regular traffic offence.

Customer:

So he should present himself there and admit fully to what he has done, agreed? Also should I do anything, apart from discipline him as an employer without my permission

Alex Watts :

Yes I would think so.

Alex Watts :

There is nothing else you need to do

Customer:

Hypothetically, if the driver he pretended to be had gone along with him and taken his license to the police station would they have found him out? I said the reason they took the photo at the roadside was to compare it with the person who took their documents to the police station, does this happen routinely?

Alex Watts :

Usually there is no photo but if someone presents themself with no evidence I guess the Police do take photos in the event that someone does lie, which is the case here

Alex Watts :

Can I clarify anything about this today please?

Customer:

No I think that is it. Thank you

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 2 years ago.
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