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Can penalty points be applied to company?

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    #32
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Butch Cassidy wrote: »
    I've seen many a Garda driving up to a newsagent on a mobile phone, illegally parking and going in to the shop for lunch or whatever. Obviously there's not much you can do as the law seems fairly clear there. Maybe a complaint to the Garda Ombudsman would be in order?


    With regards to the original post which is a few months old and completely separate to the above discussion... I've often wondered what if the registered owner of a car could prove they were outside of the country on the date/time an offence was commited by his/her car and could not prove or ascertain who it was driving the car? Say if a spare set of keys were possibly taken by a housemate/family member.

    Eh back on topic lol.

    You're expected to be able to say who was driving the car while it is registered to your name, unless it is stolen. Basically you ask you housemates/family members 'did anyone drive my car'.

    Suggest you tell them its because the driver has won a prize for being an excellent driver or something rather than the real reason you are asking.


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    #33
    Butch Cassidy
    Closed Accounts Posts: 1,409 ✭✭✭Butch Cassidy


    Reloc8 wrote: »
    Eh back on topic lol.

    You're expected to be able to say who was driving the car while it is registered to your name, unless it is stolen. Basically you ask you housemates/family members 'did anyone drive my car'.

    Suggest you tell them its because the driver has won a prize for being an excellent driver or something rather than the real reason you are asking.
    Does the housemate have a right against self-incrimination :)


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    #34
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    If you ask your housemate 'were you driving my car (nb you may have won a prize !!)' and they reply 'I rely on my right against self-incrimination' you need a new housemate.


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    #35
    Phoenix3
    Registered Users Posts: 573 ✭✭✭Phoenix3


    Sorry for dragging this thread back up.

    A collegue is in the position that penalty points have been issued for a speeding offence, on a day that they were 2 employees in the van, and they would share the driving on a casual basis ie no log kept as to who is driving.

    Is there no photographic evidence available from the detector unit to back up who is actually driving.


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    #36
    Victor
    Registered Users Posts: 78,366 ✭✭✭✭Victor


    Phoenix3 wrote: »
    Is there no photographic evidence available from the detector unit to back up who is actually driving.
    If it was a speeding offence, there may be additional photographic evidence - you just need to ask for it. Have the two employees been asked who was driving at that point?

    It may be useful to start a log of who was driving / in charge at any given time or say X drives in the morning, Y drives in the afternoon.


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    #37
    Phoenix3
    Registered Users Posts: 573 ✭✭✭Phoenix3


    Victor,

    The 2 lads genuinely don't remember who was driving at the time.There is obviously a weakness, as there is no log or procedure in place to record same.
    My mate reckons he drives about 60% of the time so the case is leaning against him.
    The fine of €80 is to be shared by the 2 of them by mutual agreement as the employer would not cover same.Problem is that the 2 penalty points cannot be shared.


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