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The obligation to report a traffic offence also applies to the company’s legal representative

Since 1 January 2017, when one of the offences set down in Article R. 130-11 of the French Highway Code is detected by automatic speed-control camera against a vehicle owned or leased by a corporate entity, the legal representative of that corporate entity must reveal the identity, address and driving license reference of the driver who committed the offence.

If this declaration is not made, the corporate entity or its legal representative may be held criminally liable (Cass. crim. 11-12-2018 n° 18-82.820 FS-PB Cass. crim. 15-1-2019 n° 18-82.380 FS-PB).

In a judgment of 15 January 2019, the French Supreme Court asserted that this obligation is also valid in the event the individual who committed the offence is the legal representative of the corporate entity.

The legal representative must then reveal himself as the perpetrator of the offence, regardless of whether he has already paid the fine.

FSC, January 15, 2019, n° 18-82.380