TRAFFIC LAW IN THE COMPANY

For the responsible senior staff of a company, traffic law proceedings begin with the receipt of a form from the regulatory agency or even the state prosecution agency which they are required to fill in. The company is then faced with the question of whether the employee driving the vehicle has "only" committed a regulatory offence, or whether he is accused of a crime and there is a risk that a driver's record book must be maintained – if it is not required internally by the company.

The answer to this question then affects the further strategy, because it decides what rights can be claimed and/or what obligations must be fulfilled.

In traffic law cases related to a business company it is always ideal for an external lawyer, who should be a defence lawyer with the necessary competence, to apply to the responsible public body to inspect the files. This enables the factual situation to be given an initial appraisal, including the appropriate steps to protect the employee.

The following questions are of central importance for any further action, especially when allegations under traffic law are made against the company as the owner of the vehicle or the employee as the driver:

• Crimes, e.g. hit-and-run, drunkenness in charge of a vehicle

• Regulatory offences, e.g. speeding, driving too close to another vehicle

• Statement form on the identity of the driver

• Obligation to maintain a driver's record book

A central issue for companies or entrepreneurs who operate haulage companies or independently assign haulage contracts is compliance with the comprehensive catalogue of requirements in the German Act on Road Goods Transport, because otherwise there is a large number of offences which could lead to a fine (cf. also: Traffic law in criminal and employment law).