1

This hypothetical question is based on a real incident I saw in the news.

Suppose that a car is driving over the speed limit by a significant amount, causing a police car to turn around and go after the car. When the police get to the car, it’s parked in a rest stop and all passengers are sitting in the back seat of the car. When the police asks who the driver was, all passengers deny being the driver.

What happens in such a situation? Clearly someone was driving the car, but only one of the multiple passengers. Suppose that there is no evidence of who the driver was (no camera footage, for instance). Maybe one of the passengers is the owner of the car, but that doesn’t guarantee that they were the one driving.

4

In Spain, most traffic offenses are usually considered administrative sanctions and involve just a relatively small fine, and perhaps losing some points in your licence. In those cases, if the driver if the vehicle cannot be established (your example, or a far regular one of a parking violation in which the officer did not see who did park it and will not wait by the side of the parker until the driver appears), the fine just goes to the registered owner.

When the fine is reported to the registered owner of the vehicle, he can report who was the actual driver who broke the law at the time of the offense. I do not know what would happen if the person named does not recognize his responsability, but my guess is that the owner has to pay the fine (HINT: do not lend your car to someone who cannot be trusted).

If the infraction is so excessive that it becomes a matter of penal law then there must be a trial and then the accused must be established without reasonable doubt, so in that case such a stunt maybe could work.

1
  • The same is largely true in New Zealand - they try and gloss over the whole "evidence of driver" bit by saying its a "strict liability defense" - ie the owner of the vehicle is liable if they don't say who is actually liable. IIRC you can't loose points on your license in these cases. – davidgo Dec 24 '20 at 21:50
3

The owner of the vehicle is legally responsible for knowing who is driving it at all times. If they can’t (or won’t) name the driver by statutory declaration they are fined for faking this duty. The fine is considerably more than the summary fine for the offence being equal to the maximum fine that a court can hand out.

0

Germany: I think the holder should know who the driver is, but can refuse to tell if it was a close relative. A judge will order the holder of the car to keep a diary where every journey is recorded, including driver obviously. That in itself is highly inconvenient. If it happens again, the holder will show his diary, and if the journey is not in the diary the car holder is in serious trouble.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.