Company vehicle: witness statements

If your company has received a witness statement form from the authorities in Germany concerning a driving offence which you committed, read here for advice and assistance on what to do next.

Company vehicle: witness statements

Picture: © m.schuckart -

If a driving offence has been committed in Germany, the authorities are obliged to use all reasonable measures to discover who the driver was. In the case of company vehicles, where the driver changes regularly, it becomes particularly important to discover the correct person.

If your employer has received a witness statement form concerning a motoring offence which you committed in a company vehicle, your employer generally does not have a right to remain silent.

If the company refuses to give the details of the driver, the authorities may decide to visit the company in order to look for the driver using a photograph they have from a traffic enforcement camera.

The authorities may also use technical aids to try to find the driver. For example, many firms publish photographs and personal details of their employees on the internet. In this case, the driver of the vehicle will receive a notice of intended prosecution directly.

In addition, if your employer refuses to give details of the person driving the vehicle, they may be ordered to keep a log book on all the vehicles the company owns. This can be costly and time consuming, so to avoid it, it is highly likely that your employer will give your details to the police.

If your employer has received a witness statement form and forwarded it to you, both you and your employer should decide carefully whether withholding details is the correct action for you both.

For more advice on the correct steps to take in your driving offence matter, call our team of German lawyers on 0221 / 951 563 0 (Beratung bundesweit).

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Christian Solmecke ist Partner der Kanzlei WILDE BEUGER SOLMECKE und inbesondere in den Bereichen des IT-, des Medien- und des Internetrechts tätig. Darüber hinaus ist er Autor zahlreicher juristischer Fachveröffentlichungen in diesen Bereichen.

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