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From: Jacobian on 18 Mar 2010 18:26
On 18/03/2010 22:16, The Medway Handyman wrote:

>>
>> Oh, I think maybe you refer to a small company owning a car and there
>> only one director...well that is changing goalposts as up there the
>> thread clearly referred to - 'car leasing company pool car'
>
> Explaining simple things to cyclists is rather like nailing jelly to the
> ceiling.
>
>
Lol...
From: Cynic on 19 Mar 2010 08:23
On Thu, 18 Mar 2010 21:33:54 +0000, Jacobian <jacobian(a)hotmail.com>
wrote:

>If an individual who signed has left - its their lookout - on resigning
>part of their duties should have been to remove themselves from such
>documents..

As a genuine question in general cases and not only limited to comany
vehicles, what is the legal position when the registered keeper of a
vehicle dies?

I'm thinking of a hypothetical case where a car is registered in the
name of the driver's father (quite common). The father dies. A NIP
is later sent to the registered keeper (father) with the usual
requirement that the RK supply details of the driver. The NIP is not
replied to. Would/could anyone be prosecuted for failing to supply
details of the driver? Would/could anyone be prosecuted for failing
to change the registered keeper of the vehicle?

--
Cynic


From: Adrian on 19 Mar 2010 08:34
Cynic <cynic_999(a)yahoo.co.uk> gurgled happily, sounding much like they
were saying:

>>If an individual who signed has left - its their lookout - on resigning
>>part of their duties should have been to remove themselves from such
>>documents..

> As a genuine question in general cases and not only limited to comany
> vehicles, what is the legal position when the registered keeper of a
> vehicle dies?

I'd assume that the usual rules of executor/probate would apply.

> I'm thinking of a hypothetical case where a car is registered in the
> name of the driver's father (quite common). The father dies. A NIP is
> later sent to the registered keeper (father) with the usual requirement
> that the RK supply details of the driver. The NIP is not replied to.

The executor should be dealing with the deceased's post, amongst other
things.

> Would/could anyone be prosecuted for failing to supply details of the
> driver?

If the executor was doing his job properly, a quick reply saying "The RK
has died since the date of the offence, so there is no way to know" would
be a good enough defence, I would think.

> Would/could anyone be prosecuted for failing to change the registered
> keeper of the vehicle?

If the executor had been lax in informing DVLA, I would certainly expect
so.
From: Cynic on 19 Mar 2010 11:51
On 19 Mar 2010 12:34:18 GMT, Adrian <toomany2cvs(a)gmail.com> wrote:

>If the executor was doing his job properly, a quick reply saying "The RK
>has died since the date of the offence, so there is no way to know" would
>be a good enough defence, I would think.
>
>> Would/could anyone be prosecuted for failing to change the registered
>> keeper of the vehicle?
>
>If the executor had been lax in informing DVLA, I would certainly expect
>so.

Would an executor be required or even reasonably expected to know of
vehicles that the deceased is RK of but does not drive or own?

As said, it is not an unusual situation for a father to give/lend his
son or daughter money to buy a car on the understanding that the
father is the RK even though the offspring drives the car. The reason
for doing so is so that the father will know if the offspring gets any
NIPs. I know of two parents who have done that.

--
Cynic


From: Adrian on 19 Mar 2010 13:14
Cynic <cynic_999(a)yahoo.co.uk> gurgled happily, sounding much like they
were saying:

> Would an executor be required or even reasonably expected to know of
> vehicles that the deceased is RK of but does not drive or own?
>
> As said, it is not an unusual situation for a father to give/lend his
> son or daughter money to buy a car on the understanding that the father
> is the RK even though the offspring drives the car. The reason for
> doing so is so that the father will know if the offspring gets any NIPs.
> I know of two parents who have done that.

I don't think it's unreasonable to expect the offspring to be aware of
their father's death, do you? And for the offspring to make the executor
aware...
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