Does your employee commit a (minor) speeding violation with a company car? Always report the driver's identity by registered mail!

Lieselot SeghersAdverit Antwerp, Belgium

Your employee commits a (minor) speeding violation with a company car. A police report is drawn up, a copy of which is sent (by regular mail!) to the owner of the vehicle, i.e. your company. The owner of the vehicle is thereby invited to pay the amicable settlement or to report the driver’s identity by means of a reply form.

Often, an arrangement is made with the employee that he will pay the amicable settlement directly himself, as a result of which the employer does not report the driver’s identity via the reply form.

Please note: if the police receive neither payment nor the driver’s identity details, the owner of the vehicle will be summoned before the Police Court on the grounds of failing to report the driver’s identity.

As an employer, you may therefore be confronted with a summons before the Police Court, even though you believed that the amicable settlement had been paid by your employee. This offence carries very high (even disproportionately high…) fines of up to €1,600 per offence!

Therefore, be very careful: always make sure that the identity of the driver responsible for the (minor) speeding violation is reported via the reply form, and send it by registered mail, so that you can prove that you have fulfilled this obligation.

Lieselot Seghers - Lawyer.

Related practice areas

Transport law Labour law

Other insights from this firm

View all legal insightsView all
How can you enforce a judgment against a non-EU individual or company? Civil lawCommercial law Since the EU's accession to the Hague Convention of 2 July 2019, it has become easier to have judgments against non-EU parties recognized and enforced. This article discusses the new framework and the exception for the lease and tenancy of non-residential immovable property. What compensation must be paid when terminating an agreement? Civil lawCommercial law This article discusses what compensation is owed when an agreement is terminated, with reference to art. 1149 and 1794 of the Old Civil Code. It explains how damages and loss of profit must be proven, and highlights the importance of including liquidated damages clauses when concluding a contract.
Will your commercial agency agreement end soon? Be careful with provisions regarding the calculation of the indemnity for termination! Commercial lawCivil law This article discusses the mandatory statutory provisions regarding the indemnity for termination at the end of a commercial agency agreement. It highlights the risks of contractual provisions that set out in advance how this indemnity will be calculated, with reference to case law of the Antwerp Court of Appeal. Request for discharge of residual debts after closure of bankruptcy of a natural person (sole proprietorship): failure to respect the three-month period no longer results in irrevocable loss of the right to discharge. Insolvency law The article discusses the statutory three-month period for filing a request for discharge of residual debts after the closure of a bankruptcy of a natural person.
Consumer can withdraw from purchase up to twelve months after receipt of products Commercial lawCivil law In distance selling to consumers, a withdrawal period of fourteen days applies. If the consumer is not correctly informed about this right of withdrawal, this period is extended by twelve months. How to have your Homeowners' Association invest in basic infrastructure for electric charging stations? Real estate lawCivil law This article explains step by step how a Homeowners' Association can decide to invest in basic infrastructure for electric charging stations, from placing the item on the agenda to the required majority at the general meeting and the allocation of costs.
Let the state pay part of your attorney's fees! Civil lawInsolvency law The article discusses the tax reduction for legal expenses insurance starting from assessment year 2020, based on the Act of 22 April 2019. It explains which disputes must be covered at a minimum for the insurance contract to qualify for this tax benefit. The Transport Sector Under Scrutiny Transport lawLabour law This article discusses the announced spot checks in the transport sector in February 2022 as part of the action plan to combat social fraud. It explains which powers the social inspection services have and emphasizes the importance of preparation and assistance by a lawyer during these inspections.

Learn more about Adverit Antwerp

This article was contributed by Adverit Antwerp. Visit their website to learn more or discuss your situation with their legal team.

Visit local website (opens in a new tab)