Responsibility for the logbook remains with the managing director
Even if there are different internal agreements regarding the documentation of journeys with company cars: the managing director remains responsible in case of doubt when dealing with authorities. This is shown by a decision of the Düsseldorf Administrative Court, as reported by the ADAC. (Case No.: 14 L 1352/24) In the specific case, it involved a company car that an employee had driven too fast. But who exactly? Thus, the company, as the owner, was contacted and requested to name the driver at the time of the incident.
Employees should keep records
The managing director could not provide any information on this, as the company itself did not keep records of the use of the car. Instead, the employees were contractually obligated to fulfill this duty. Additionally, the managing director criticized the failure to adhere to the two-week deadline for the first hearing. Although the competent authority dropped the proceedings, it imposed a requirement to keep a logbook for 15 months.
The managing director was not in agreement with this requirement and filed an objection. His rationale again: the unobserved two-week deadline as well as the employment contractual agreements with the employees, according to which they had to document who drove which vehicle and when. Hence, he argued, a violation could not be attributed to him.
This is how the Administrative Court ruled
The Administrative Court saw it differently and rejected the application. On the one hand, a violation of the two-week period did not play a role in this case. This is because, according to the information provided, there is a documentation obligation for company cars, which makes traffic violations traceable even after a longer period.
On the other hand, this obligation towards the authorities cannot be transferred to third parties through internal company agreements. In other words: in external relations with the authority, the managing director remains obliged, summarizes the ADAC of the court's decision, which deemed the keeping of the logbook justified.
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