Legal entities cannot regulate by their internal acts the liability of drivers or persons engaged for drivers – a legal person cannot take the role of legislator. Make sure to schedule a free consultation for your legal dispute.
This liability is regulated by statutory regulations, specifically for traffic offenses: (general provisions on liability) and (rules in traffic, driver behavior, traffic control, penal policy and supervision over these regulations).
Therefore, a legal person cannot determine whether someone will answer or not, in what way and under what conditions, because it is a domain of legal regulations, and not regulations of internal acts of legal entities and other entities.
Legal persons cannot ask that a person who is a driver in a company or an engaged driver is obligated by contract or other written act to not commit a misdemeanor, because such a possibility cannot foresee any law (inability to predict future events or force in traffic).
Newer example from practice:
One company was supposed to pay fines for a total of 25 issued misdemeanor orders for wrong parking of vehicles due to the arrogant behavior of drivers and raises the issue of excluding liability of a legal entity. When fines are imposed for 25 offenses for a legal entity plus the costs of the procedure, it is evident how much financial loss for the legal entity is, and the same should be added to the responsible person and driver, in particular.
The act provides:
termination of the existence of a legal entity during the proceedings, its liability shall cease, except in the case of the existence of a legal successor (assumes criminal responsibility)
if a legal entity ceased to exist after the final conclusion of the procedure, the imposed sanction will be enforced against the legal successor (if its existence is established),
a legal person in bankruptcy is liable for a misdemeanor, but can only be imposed a protective measure of seizing the object or property gain acquired by committing a misdemeanor, and not a fine.
The legal entity, therefore, is responsible for the actions of its driver because:
– there must be control over vehicles and drivers in the company,
– there must be control by a designated and authorized person about the correctness of the driver’s documents, especially the validity period of the same (frequent violations are in practice unconfirmed traffic license and failure to submit a driver’s medical certificate, if the driver himself does not perform these actions with the competent authority, then it must be a person from a legal entity),
– there must be documentation on the technical correctness of a vehicle of a legal entity (a proper inspection of the vehicle, servicing, replacement of worn or defective parts of the vehicle), and in this case these actions depend on some other persons in the company, and not from the driver.