Company van and speeding?

Honest John Back Room » Legal matters
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Thu 29 Aug 2013 23:32
Company van and speeding? - Tallywhacker
Hi, I was given a replacement van by my company on 27/7/13 to replace another van that I spent 3 months reporting faults with... another story for another day.
Anyway the day they sent it up was the same day I was starting a weeks holiday, I never used the van until that evening until around 7pm to travel the 35 miles home but the van would not start due to a sticking starter. Fleet had all gone and all garages were closed but after rocking the darn thing back and forth it eventually fired up and off i went home.
There it sat for over a week until my return to work on the 5/8/13 where once again it failed to start... Spent 40 mins trying to get it started from 6am to no avail... I eventually gave up and came to work in my car. I reported this to fleet and filled out the relevent vehicle checks on the computer which I do every week for myself and my staff, this went unreplied.

6/8/13 I had to come in my car anyway to get my aircon regassed, so I never attempted with the van until 7/8/13 where 30 mins of messing around it finally fired up and off I went to work.
While driving to work the airbag lights came on and my indicators decided that they would work when they felt like it, I arrived at work to find my regional manager on site and told him my woes of the van and updated the computer with it once more.
I was told by fleet to take the stalk off the van and clean all connections and plugs while they located a new one to send up and get it booked to get the starter replaced locally.
There the van sat until 4pm until I had to drive to a village to help one of my staff on a job.

Flash forward to 20/8/13 where I was notified by email from HR that I had a NIP to my van for doing 36 in a 30, i knew i was not speeding as i know the area very well and know full well about the speed enforcements. I placed x2 sat navs showing speed+downloaded and app to my iphone and all three devices were showing my speedo reading was higher than the gps devices.

I took the van to a local garage who put the vehicle on a rolling road/dyno test and it showed the speedo was under reading by between 6-8mph.
I informed fleet of this and was met with hostility and told "your not getting away with it"
They told me not to use the van and they would get it back to bristol and look themselves but it would not be for a week. I phoned my manager and he told me to get it looked at locally as I did not have any means to get to and from work in the meantime.
The garage traced the fault to the digital to analogue converter the needle sits on and showed it to me and it was rasping/ratcheting and told that it should not do that.
Inside the cluster and on the converter it was showing signs of heat/electrical burning. I have pictures and video of this.
I ordered the part that was needed at my cost and paid the garage also at my cost as I smell a rat at my own fleet dept end.
My own line manager will not look at the evidence or acknowledge the garage report and despite my repeated attempts still will not entertain me and made a thinly veiled remark of if I contest it I will not mention my company name.
I have video and photographic evidence, all copies of vehicle checks on computer with my comments for this vehicle and the previous one in regards to faults and the fleet dept inaction. I have written documentation of when they have come up to service other vehicles that have broken down within a few days of being worked on where they have also messed up.

I have worked for my company for over 10 years with no issues with work or my driving record, I don't doubt I was above the speed limit and the police have the evidence to support it but my concern is that I was not knowingly doing so... and doing so in a van that I was the 3rd time behind the wheel. I am also concerned that in the 2 weeks that has passed before I was informed of what if I have gone through more speed traps? I did take appropriate action to remedy as soon as I was informed and did not take the vehicle on the road until the problem was fixed as my company will not back me.

I apologise for the lengthiness of my first post but would appreciate any advice on what or where to go from here.

Edited by Tallywhacker on 29/08/2013 at 23:41

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Fri 30 Aug 2013 08:02
Company van and speeding? - Dwight Van Driver

>>, I don't doubt I was above the speed limit and the police have the evidence to support it but my concern is that I was not knowingly doing so... <<<<<

..and there is the crux of the matter. Mens rea does not feature in speeding. Either you are or your not. What you state may well be mitigating factors if you were to put the matter before a Court but still receive a fine, victim support supplement and prosecutions costs. In you case may well be prudent to accept a Conditional Offer.

dvd

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Fri 30 Aug 2013 15:31
Company van and speeding? - FP

DVD said, "Mens rea does not feature in speeding."

As a layman interested in the law I had to look up "mens rea", which is Latin for "guilty mind". In law, apparently, it covers concepts like a guilty or wrongful purpose, a criminal intent, or guilty knowledge and wilfulness.

In the case of the OP, I guess its significance is that in breaking the speed limit an illegal act has been committed (the Latin or legal phrase would be "actus reus", meaning "guilty act") and that is an absolute offence, irrespective of the thought processes of the person committing the offence. So, believing yourself not to be speeding when caught (because of a faulty speedometer) is irrelevant.

It crosses my mind that the OP might have some sort of case against his employer, but on the basis of something else entirely, like loss of earnings as a result of disqualification - but this is unlikely to be the scenario. (Or perhaps not, as there is the possibility of further speeding offences coming to light.)

I hope I have got that right.

Edited by FP on 30/08/2013 at 15:33

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Fri 30 Aug 2013 08:02
Company van and speeding? - Dwight Van Driver

>>, I don't doubt I was above the speed limit and the police have the evidence to support it but my concern is that I was not knowingly doing so... <<<<<

..and there is the crux of the matter. Mens rea does not feature in speeding. Either you are or your not. What you state may well be mitigating factors if you were to put the matter before a Court but still receive a fine, victim support supplement and prosecutions costs. In you case may well be prudent to accept a Conditional Offer.

dvd

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