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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice.
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of to court on Friday for not giving detail of driver spee

Customer Question

of to court on Friday for not giving detail of driver speeding
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I have a van which I use for work there are two main drivers on the insurance but I also let over people drive my van when I am not using it ie move house or getting things for work. on this day I did not work but the van was used by different people ie work colleges' from different company to go place to pick up material's as we were working at leeds university my van was the best one on this day to be used buy other people as it was parked out side the job all day

Expert:  Jo C. replied 3 years ago.
What steps have you taken to find out who was the driver?
Customer: replied 3 years ago.

I have asked every one on the site were we are working and no one seem to know or want to tell me so I have taken steps now not to let any one use my van

Expert:  Jo C. replied 3 years ago.

Is that all you've done?

Thats a problem I'm afraid.
Customer: replied 3 years ago.

what else do you think I can do

Expert:  Jo C. replied 3 years ago.
Well, retrace steps, check work records etc?

Its quite unlikely that the bench are going to accept lightly that you can't find out who was driving a work van.

If I give a ridiculous example it might illustrate the point. If the allegation against this driver were that he had been loitering outside primary schools trying to abduct children then I imagine you would have found out who he was fast enough? The only difference between that example and this is the seriousness of the offence.

You may have taken other steps but we need to know what they were.
Customer: replied 3 years ago.

over steps are I now have a diary which I write down how is driving on that day me /Jason/Michal/ Allen/ Kurt and no body from any over company I no what you are saying about finding out the driver but what do you do I no its my fault do you bend some ones arm behind there back until they say its me I am just lost for words

Expert:  Jo C. replied 3 years ago.

Section 172 of the Road traffic act reverses the onus onto you. It does not ask whether you know offhand who was driving. Of course you do not. It does, however, place an obligation upon you to investigate the issue using reasonable diligence and to identify the driver.

With personal vehicles that are usually fairly easy to do is because we can all say with reasonable efforts who was driving our own personal car on any particular day.

“Reasonable diligence" has been considered is by the higher courts and it means doing things like checking your diary, retracing the journey etc.

If you genuinely cannot do so then it is a defence to say that you had used reasonable diligence and cannot say. Sometimes haulage companies are in that position.

Generally speaking, “reasonable diligence" at the magistrates court means doing everything humanly possible. Any imperfection or failing will be used as an excuse to convict you.

Also, you should remember that the law reverses the burden of proof on to you to show, on the balance of probability, that you have used reasonable diligence.

The reversal of the burden of proof has been considered at Europe and has been held the within reasonable limits.

You probably need to get your potential candidates to court to confirm that you did speak to them.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69772
Experience: Over 5 years in practice.
Jo C. and 2 other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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