It is impossible to deny an infringement when the rental contract does not provide for another driver

A driver spotted driving a rental vehicle with a handheld phone denied committing the offense. He claimed that there had been no formal identification of the driver, as the offense was recorded without the immediate intervention of law enforcement. For him, a simple private contract was not of sufficient value, in the absence of any other objective element.

But the Cour de Cassation points out that he undertook, on the lease agreement, to be the only driver of the vehicle for the exercise of his activity as taxi driver. He could not hand over the steering wheel to another driver without the express agreement of the renter. The judge sees this as evidence of his particular bad faith, as no one other than him is allowed to drive the vehicle.

The driver cannot therefore contest being the perpetrator of the infringement, his appeal to the Court of Cassation was dismissed.