Reckless driving can get the company car confiscated

Employer Risks That Employee’s Reckless Driving Can Have the Company Car Confiscated

In Denmark, a law regarding reckless driving came into force with effect from March 31, 2021. The law states that drivers can now have their car seized and confiscated for reckless driving. The new rules also apply in cases where an employee drives recklessly in the company car, which is why an employer risks that the employee’s reckless driving can have the company car confiscated if driven sufficiently recklessly.

Reckless Driving

According to the law, reckless driving is understood to be situations where:

• The motorist drives particularly recklessly
• The driver has a speed of 200 kilometers per hour or more
• The driver drives with a blood alcohol level above 2.00
• The driver drives with a speed limit of more than 100% when driving at over 100 km/h
• The driver intentionally causes imminent danger to someone’s life or mobility

What Does the Law Mean for You as an Employer?

For you as an employer, the law means that you risk having your company car confiscated if you leave the car to an employee who is driving recklessly. Only in certain cases can you as an employer avoid having the car confiscated, even if an employee is driving in violation of the rules. This is one of the cases if a confiscation would be disproportionately intrusive.

This assessment will also include whether you as an employer should have known that the car would be used for reckless driving.

At Raadgiver.dk, we recommend that you as an employer take certain measures so that you do not risk being in a situation where your company car is confiscated due to an employee’s reckless driving.

Recommended Measures for Employers

• Make it clear to the employee that there is a ban on reckless driving in the company car
• Check if the employee has previously driven recklessly
• Inform that reckless driving can be grounds for expulsion
• Inform that the employee may be liable for damages
• Make it clear that it is the employee’s responsibility not to hand over the company car to another driver who has previously been punished for reckless driving

This article does not constitute and cannot replace legal advice. Raadgiver.dk ApS assumes no liability for any damage or loss, directly or indirectly, attributable to the use of the information provided in the article.