Speed offences: driver primarily responsible

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One of my drivers has been reported by the police for speeding while driving a company vehicle during working hours. Can I be held responsible too as his employer?

The driver of the vehicle will primarily be held responsible for this offence, but employers may also be liable – for instance where they set timetables or schedules so tight that the employee will probably be breaking the speed limits if they attempted to meet them.

The Magistrates Act 1980 may also be relevant to employers in England and Wales where there is evidence that the employer has abetted, counselled or procured an offence.

Further information

• For an informal discussion on an immediate employment law issue or request for help call Matthew Parkinson, partner & head of employment department, Stephensons Solicitors, on 01942 774192
• This advice correct at time of posting – April 2008