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Josie8
Friend of mine has a small fleet of vehicles. Two drivers hire a vehicle for a week at a time. The vehicle isn't garaged at his place but is kept at one of the drivers. One driver does the day shift the other does the night shift. He filled in a s.172 but was unable to say who the driver was at the time of the offence because it coincided with the shift change i.e. 6.05 pm . He had asked drivers concerned but neither would admit to being the driver.

He filled in s.172 and provided both drivers names and addresses on it and explained reason why he couldn't identify which one was driving at that time. A bit like a couple hiring a car from say Avis car hire - Avis wouldn't know which one was actually driving at the time.

He has now had letter from police stating that they intgend to prosecute him for failing to comply with s.172. He's very worried as he has 20 plus vehicles so if the police suceed on this he may well lose his licence if any more NIP's come in and with it his livelihood. He's not a limited company. Any ideas?

Should say that that same week he had returned 2 other NIPs stating name of driver because it was clearly from time of offence either the dayman or the night man driving so he wasn't trying to be clever............:
Pete D
I assume these two hired the vehicle and signed a contract to that effect. If that is the case you should identify the primary person who hire the vehicle. Wehter you can get them to drop the Failure to Furnish charge is a bit unknown but if some has signed for the vehicle then that person is the keeper responsible for the vehicle. Pete D
andy_foster
Does this friend have access to the internet, or should we continue playing chinese whispers?
Josie8
QUOTE (Pete D @ Sun, 16 Nov 2008 - 15:53) *
I assume these two hired the vehicle and signed a contract to that effect. If that is the case you should identify the primary person who hire the vehicle. Wehter you can get them to drop the Failure to Furnish charge is a bit unknown but if some has signed for the vehicle then that person is the keeper responsible for the vehicle. Pete D



Both use vehicle equally they are taxi drivers so one drives on days and one drives on nights. The vehicle is kept outside one or the others house as they agree it between them. They come to my friends workshops once or twice a week for the vehicle to be checked over and to pay the rental.
Pete D
Who pays and who signs, they are the keeper. You must have records. Andy's quite right this is going to become chinese whispers so get him to post directly. Pete D
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