What’s happened?
A notice of intended prosecution arrives addressed to the business. The vehicle was on a test drive, out as a courtesy car or sold weeks ago, and the new keeper hasn’t been registered yet.
Why should you care?
- The registered keeper is legally required to say who was driving. Failing to do so without a reasonable excuse is an offence in its own right, and it can be more serious than the speeding itself.
- There are strict time limits. The reply is normally due within 28 days of the request.
- If the business can’t identify the driver because its records are incomplete, it may struggle to show it had a reasonable excuse.
What can you do about it?
- Keep a reliable log of test drives, courtesy cars and trade-plate use, with copies of driving licences.
- Notify the DVLA promptly when a vehicle is sold, and keep proof.
- When a notice arrives, reply within the deadline with the information you have, and keep copies of everything you send.
- If the paperwork doesn’t add up, take advice before you respond.
The bottom line
Good records turn a potential prosecution into a five-minute admin job. Poor records do the opposite.
This article is general information, not legal advice. Every situation is different, so please speak to us about yours.