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CDifficulty 3/5

An identified adult driver personally commits a driving offence in a lorry, such as passing a red traffic light. Under the general rule of responsibility for that act, who is responsible?

Correct answer

The driver who commits the offence.

The driver who commits the offence. Article 82 places responsibility directly on the person committing the act, subject to statutory exceptions. Company ownership or being the haulier does not automatically transfer a driving offence to those people. Duties and responsibilities concerning vehicle documentation, inspections and condition, or identifying the driver, are different. This situation asks about the identified driver’s own conduct.

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  • Always the company owner even when they are neither driving nor committing the act.

  • The driver who commits the offence.

  • Always the haulier solely in that capacity even when the offence is the identified driver’s.

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