kingeric wrote:Can someone show me where it is a legal requirement? I'm not convinced it is.
The Log book requirement is contractual for the driver - and therefore failing to complete could be considered Gross Misconduct, especially if Royal Mail are hit with a Section 172 Notice - Failing to Identify the Driver.
The driver, and indeed the passenger could both be considered guilty of an offence under this section if they fail to, or cannot identify who was driving at the time that the Section 172 Notice applies. Unless of course someone was willing to take the fall because their name was on the Log Book, but they weren't actually driving. At least that's my interpretation of this
It’s worth knowing a bit about the relevant legislation. Section 172(2) of the Road Traffic Act 1988 creates the obligation to provide information, and a failure to do so is known as a “Section 172 offence”. Knowing how to deal with these notices or summonses is very important.
The power to request details of the driver on a particular occasion is given to a chief officer of police and is invariably delegated to a department in each Constabulary which will issue them in their many hundreds. It’s an automated process, but it has to be carefully recorded to establish service on the keeper.
The power becomes exercisable where the driver of a vehicle is alleged to be guilty of an offence to which Section 172 applies. It applies to most road traffic offences, and then draws a distinction between what the “registered keeper” must do and what “any other person” must do. How you respond depends on which category you fall into.
“The person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give”.
“Any other person shall if required give any information which it is in his power to give and may lead to the identification of the driver”
Section 172(3) provides that a person who fails to comply with a requirement shall be guilty of an offence.
Thats what I thought. It is an in house thing by royal mail but it isn't a legal requirement to sign the log book every time the drivers change.
But we should all still do it. I'm not arguing against that just that it isn't going to get you in trouble with the police if you drive a van 200m down the road when your partner has signed the van out.
kingeric wrote:
Thats what I thought. It is an in house thing by royal mail but it isn't a legal requirement to sign the log book every time the drivers change.
No but it is a legal requirement to know who was driving at a particular time when the Police have reason to be informed who was. Which in effect, does make the log book a legal instrument for Royal Mail, and a charge of Gross Misconduct a possibility.
After all if Bill and Ben were driving a month ago, can they really remember, who was actually at the wheel at the time the Police want to know. Will Bill take the rap or will Ben.
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It's a legal requirement that Royal Mail have control measures in place to identify drivers.
Their control measure is filling in the log book therefore filling in the log book is for royal mail, a legal requirement. What that means in practice if you get caught or are involved in an accident is that Royal Mail gets a fine (no biggy) and you get a long and lonely walk to the job centre (try explaining that particular piece of numb-nuttery to the wife and kids).
They would have to sack you because anything else would be an admittance of negligence on their part and the "no win/no fee" vultures would smell that blood letting from 500 miles away.