Driver refuses to accept a fine: what the company does

Managing a fleet involves dealing with many situations that can affect the operation, and one of the most delicate is when the driver refuses to accept the fine or to cooperate with identifying the offending driver.

The refusal can cause complications for both the driver and the company, which needs to act quickly so it does not miss deadlines, end up without documentation or absorb losses for lack of an internal review.

The driver's signature on the violation notice is not required to validate the fine. Under the Brazilian Traffic Code (CTB), it appears as notification that the infraction was committed whenever possible.

Even if the driver refuses to sign, the fine can still be processed, and the company must take care of driver management to correctly identify who was driving the vehicle. That is why the operation's focus should be on gathering reliable records, meeting the identification deadline and avoiding treating the case as if the company had a driver's license (CNH, in Brazil) of its own to receive the points.

See below:

• What can you do to identify the vehicle's driver when they refuse to sign?
• What to do when the driver refuses to accept the fine and take the points on their license?

What can you do to identify the vehicle's driver when they refuse to sign?

One of the first actions to take when the company receives a fine for a traffic infraction is to check the notification and prepare the identification of the offending driver.

The form available at the traffic authorities must be filled in correctly with the driver's details, such as full name, driver's license number and date of the infraction, plus the signature when it is possible to obtain it.

The deadline needs careful attention. Under the CTB, the main driver or the vehicle owner has 30 days to submit the identification, and the notification must also state the deadline for the preliminary defense, which cannot be less than 30 days.

In cases where the offending driver refuses to sign the identification form, the company can use internal records, such as trip reports, operational history and work orders, to show that the driver was behind the wheel at the time of the infraction.

This can help structure the conversation with the driver and show why the identification needs to be done within the deadline.

One factor that can strengthen this process is well-structured driver management, with clear internal records of who was responsible for each fleet vehicle on each trip or service.

This way, the company keeps a more complete record of drivers' working hours and avoids future problems. The lack of an organized driver management system can result in penalties for the company, especially if the offending driver is not correctly identified in time.

As a last resort, if there are doubts about the validity of the infraction or the company believes the fine was applied incorrectly, based on the driver's reasons and statements, it is possible to appeal.

To do so, the notification sent by the traffic authority contains information on how to proceed with the appeal. It can include evidence, such as route records, work orders and proof that the vehicle was not at the location of the infraction.

What to do when the driver refuses to accept the fine and take the points on their license?

If the offending driver refuses to sign the identification form or to accept the infraction, there are some actions the company can take to protect its operation, preserve the deadlines and seek to hold the driver properly accountable:

Apply clear internal policies

Every transportation company, or any company that manages fleets, should have internal policies on responsibility for traffic fines. These policies should be clear and included in the drivers' employment contract.

They can set out, for example, how the company reviews infractions committed during working time, which documents will be used to identify the driver and which disciplinary measures may be applied when internal rules are broken.

Charging the fine amount

If the driver refuses to cooperate, the company can record the situation in its driver management reports and assess charging the amount of the fine according to the contract, internal policy and applicable law.

Non-payment or lack of cooperation can lead to stricter actions, such as warnings or other sanctions set out in the company's internal policies, as long as the review is documented and proportionate.

Legal measures

If the driver keeps refusing to fulfill their responsibility, the company can consider legal measures to resolve the issue.

Depending on the contract, the available evidence and local labor law, the company can assess measures to recover the amount of the fine and show who was the driver responsible for the infraction.

Preventive training for drivers

Instead of dealing only with the consequences of infractions, it is important to invest in defensive driving and good traffic practice training for the fleet's drivers. This can reduce the occurrence of infractions, minimizing situations such as refusing to sign fines.

Beyond these issues, traffic fine management is part of good driver management and can prevent losses and conflicts between the company and its drivers.

Keeping a clear record of infractions, keeping track of deadlines and making sure drivers are held accountable for their actions are essential steps toward efficient fleet management and toward keeping the operation compliant with traffic laws.

Download our free traffic fine control spreadsheet and organize your fleet's traffic infractions, avoiding future problems and keeping better control of operating costs.