The Court of Cassation ruled on the validity of the practice of drafting the notice of contravention for non-designation of the driver in the name of the legal person, in a judgment of 18 December 2018.
An employer who refused to designate the employee, who committed a traffic offense detected by automatic radar, was issued a notice of non-designation on behalf of his company, as a legal person. The Commission challenged the defendant in court on the grounds that the refusal to comply with the request for the driver's identity and address to be transmitted could only be attributed to his legal representative.
On the contrary, the Court of Cassation accepts the possibility of attributing the offense of non-designation to the legal person and, consequently, of incurring criminal liability. As a result, in the event of refusal to transmit data relating to the driver, the legal representative and the company may be sued cumulatively.
