Traffic Fines: Who is Responsible, the Driver or the Owner?

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Understanding Liability for Traffic Violations

When you lend your car to someone else, you must accept the possibility that they may commit traffic law violations, which could lead to fines.
When an infraction is witnessed by the police, the driver’s information is immediately recorded, and they will receive a copy of the citation at their home.
Alternatively, if the violation is recorded later, the vehicle owner will receive a notification and can then provide the actual driver’s details.

Regardless of the circumstance, the vehicle owner will receive a payment request for the fine.
Sometimes, they receive this notice at the same time as the driver; other times, only if the driver fails to pay within the specified timeframe.
Both individuals will receive a copy of the citation, yet the fine is singular, meaning it is not double the amount for both parties.
Let’s explore who is responsible for paying the traffic fine: the driver or the owner.

Who Pays the Fine: Driver or Owner?

According to the law, both the driver and the vehicle owner are jointly responsible for any fines resulting from traffic violations.
This implies that either party can be required to pay.
The one who pays first releases the other from obligation.
However, if neither pays, both can face collection efforts, including potential asset seizure.

It is important to understand that the creditor is not required to pursue one party before the other; thus, the citation can be issued to both simultaneously.
Naturally, the fine cannot be demanded in duplicate.

Legal Responsibilities

While both the driver and owner are liable to the administration for payment, only the driver is ultimately responsible in the relationship between the two.
This means that the owner, having paid the fine, has the right to seek reimbursement from the driver.

If the driver fails to pay after a friendly reminder, legal action may be necessary, starting with a formal request sent via registered mail, followed by a court petition if they still do not comply.
If the citation was not issued immediately, and the driver denies responsibility, one must prove they were driving the vehicle at the time of the infraction.

How to Prove a Different Driver

Demonstrating that someone else was driving can be challenging, but not impossible.
Start by gathering evidence that the vehicle owner was not operating the car, including receipts, witness statements, and photographs.

Next, prove that the owner lent the car to the individual who committed the violation.
You don’t necessarily need proof of who was driving at the moment of the infraction, just that the vehicle was under their custody.
Text messages regarding the handover of keys or witness declarations can serve this purpose.

When an Owner is Exempt from Payment

If the owner can prove they were not driving during the violation, they avoid point deductions from their license, even if the driver contests the citation.
However, they must still pay the fine unless they can demonstrate they prevented the incident from occurring.

Establishing such a scenario is complex unless extraordinary circumstances were involved, such as theft or a family member taking the keys despite them being secured.

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