As you may have noticed, the legislative context has changed since January 1. 2017 for traffic offenses committed with a vehicle registered in the name of a legal person.
Since the law came into force, company managers are now required to inform the authorities of the identity of any driver who violates traffic regulations and is fined, or else face the consequences personally!
Even worse, the list of offenses has been expanded. The following offenses, in particular those recorded by or using an automatic control device, are now concerned: not wearing a seat belt, using a mobile phone while driving, using reserved lanes or emergency lanes, not keeping a safe distance from other vehicles, crossing solid lines, not respecting road signs and, finally, the most common offense: speeding.
This endless list, combined with the reporting requirement, significantly increases the risks for business owners. Faced with this situation, how to proceed to empower drivers, meet legal obligations and maintain the responsibility of the company manager?
The connected vehicle: the answer to limit offenses and automate treatment
In the early 2000s, embedded telematics units were still in their infancy. Since then, they have made enormous progress and now offer a variety of effective services. These include geolocation, mission management, driving analysis, and even carpooling or carpooling. One of the most useful services is automated fine management.
Since 2006, Optimum Automotive, a specialist in connected vehicles, has developed an effective solution to limit violations and automate the management of fines. This solution, implemented in 2018 with the entry into force of the law, makes it possible to preserve the responsibility of the company manager.
To reduce violations, a telematics box cannot be installed in a company vehicle until employees are notified. An informed employee is more careful, which can reduce risky driving behaviors.
However, achieving “zero violations” is still a difficult goal. On average, an employee driving a company vehicle commits three offenses per year, which are recorded in an official report. In large businesses with lots of drivers, this may require hiring someone full-time to deal with fines.
Designated or shared vehicle? How to identify the author.
A distinction should be made between two scenarios, depending on whether or not the vehicle is attributed to a single driver.
In the case of a vehicle allocated to a single person:
The Optimum platform lists all drivers and their vehicles. Thanks to a permanent connection with ANTAI (National Agency for Automated Crime Processing), it immediately informs the fleet manager. The latter can then confirm the identity of the offending driver with a simple click. The fine is then sent directly to the manager. It is also possible to make a reservation, for example in case of vehicle theft.
By validating with a simple click, the company meets its legal obligations. It thus preserves the responsibility of the company manager. This process saves time and reduces ancillary costs (mail, envelopes, postage). This also includes management fees if the vehicle is rented (LCD, LMD, LLD). Note that, in this case, the installation of a telematics unit is not required. Optimum Automotive also offers the “Automated Fines Management” service in a non-connected version.
In the case of a shared vehicle:
Another very common scenario is that of a company vehicle made available to several employees. How can I be sure that I know the identity of the driver at the time of the offence?
Optimum Automotive therefore proposes to couple the telematics unit to a driver identification system (using an RFID badge or a Dallas key). Before starting the vehicle, each driver must therefore identify himself using his key or personal badge. If no ID is provided, a “very unpleasant” ring will sound until identification is provided. Once the identification has been provided, the principle remains the same: notification of the violation on the Optimum Automotive platform, confirmation of the identity (or reservation) with ANTAI, sending the fine by the authorities to the driver concerned.
To go further...
Traffic violations are a reflection of the behavior of your drivers on the road... but not all the time. When it comes to traffic offences and incivility, the vast majority of cases are “neither seen nor detected.” And in this area, the company manager is subject to another obligation: the preservation of risk, including road risk. Again, Optimum Automotive provides a concrete response with the “Driving Analysis” service, coupled with training services in partnership with Codes Rousseau.
In summary, the vehicle fleet represents a multitude of risks for the company manager, who can be exposed to various types of prosecutions (especially at the criminal level). The connected vehicle provides a concrete and sustainable response to limit this risk, whether in terms of traffic offences or more generally in terms of the prevention of road risks.
