According to criminal lawyer in toronto, in misdemeanor practice, the liability of legal persons for traffic violations of drivers is very much present, and the responsibility of the responsible person in the legal entity is also responsible for this crime.
Also, the misdemeanor practice shows that, in a number of cases, there is the possibility of excluding the liability of a legal and responsible person in a legal entity and punishing only the driver.
The liability of legal entities is prescribedthe Law on Misdemeanors.
It regulates that the basis of this responsibility is “a violation committedthe act or omission of due supervision of the managing authority or the responsible person orthe actions of another person who was authorized to act on behalf of a legal entity at the time of the violation” – applies to all offenses, including traffic.
The basis of responsibility is the relationship of the driver with a legal person through employment, performing activities or other actions for a legal entity with a company vehicle, under various legal bases of engagement (various types of contract or permanent employment).
The means of committing a misdemeanor is a motor vehicle (the property of a legal person or driver who manages it for the needs of a legal entity or a third party).
Responsibility for traffic violations of a legal entity, other responsible persons in a legal entity as well as types of penalties is regulatedthe Law on Road Traffic Safety, which provides for the liability of the owner or user of the vehicle, and in particular the driver’s responsibility for driving the vehicle.
The driver and responsible person shall be liable according to the principle of guilt to be determined, and the legal person shall be guilty of misconduct due to missed actions in relation to control and control of the vehicle and the driver. The very fact that the vehicle is registered in a legal entity and that it is the property of a legal entity, entails the responsibility of a legal and responsible person in a legal entity regarding the control of vehicles, documents issued for the vehicle and the personality of the driver. The lawyer did not prescribe the exclusive responsibility of the driver because his relationship with the legal entity and vehicle of the company immediately indicates his different status and position, since the vehicle is not used for private purposes or as a citizen driver. The practice was also familiar with the use of the official vehicle for private purposes, which does not exclude the liability of other entities. Also, it follows the responsibility in situations when the vehicle is used outside working hours.