Imagine you’ve lent your car to someone, and it gets flashed by a speed camera. What happens if you don’t name the driver? As experts in car repair and diagnostic tools, we also deal with the legal consequences related to vehicles. In this article, we clarify the potential outcomes if you, as the owner, refuse to provide information about the driver, and what options you have instead.
Driver Liability vs. Owner Liability
Under German law, driver liability generally applies. This means that the person who commits a traffic violation is responsible for it – makes sense, right? The vehicle owner is only liable in exceptional cases, for example, if the vehicle was not properly maintained.
But what happens with a speed camera photo if the driver cannot be clearly identified? In this case, owner liability comes into play.
Diagram illustrating Driver Liability vs. Owner Liability
Consequences of Not Naming the Driver
If, as the owner, you cannot or do not want to name the driver, you must expect the following consequences:
- Warning fine: For minor violations, such as exceeding the speed limit by up to 20 km/h, a warning fine is usually due.
- Penalty fine: For more serious violations, such as red light violations or higher speed limits, a penalty fine will be imposed, which can be significantly higher than a warning fine.
- Points in Flensburg: Depending on the severity of the offense, points can also be recorded in the driving suitability register (FAER) in Flensburg.
- Driving ban: A driving ban is possible for particularly serious or repeated violations.
- Investigation procedure: The authorities can initiate an investigation procedure to identify the driver. This can involve additional costs and inconvenience.
List of Consequences for Not Naming the Driver
Options and Tips
But don’t panic! There are ways you, as the owner, can behave without immediately risking a penalty fine or points:
- Careful review of the hearing form: Carefully check the hearing form for errors or inconsistencies. Sometimes a formal error is enough to have the procedure dropped.
- Name the driver: If you know who was driving at the time of the offense, name the driver. This is the easiest and most straightforward way.
- Witness statements: If you cannot name the driver, but other people were in the vehicle, their statements can help clarify the facts.
- Legal advice: If in doubt, you should seek advice from a traffic law attorney. They can explain your rights and options.
Flashed in a Borrowed Car?
Did you lend your car and it got flashed? Here too, it’s important to stay calm and take the right steps. Find out how to handle this situation correctly and what legal consequences threaten in our article “Flashed in a Borrowed Car“.
Speed camera flashes a car
Conclusion
Not naming the driver in the event of a traffic violation can have far-reaching consequences. It is therefore advisable to inform yourself about your rights and obligations beforehand and, if in doubt, seek professional help. Remember that honesty is usually the best way to avoid further problems.
Further questions on the topic?
Do you have further questions about driver liability, owner liability, or other areas of car repair? Contact us! Our experts are ready to assist you with advice and support.
