Document a driver disclosure: deadline, vehicle and proof

Under section 103(2) KFG, the authority may request information about who drove a motor vehicle identified by its registration number at a particular time or last parked it at a particular place before a particular time. The information must contain the name and exact address of the person concerned. If the registered keeper cannot provide it, the keeper must name the person who can provide it.

First identify the subject of the request: registration number, vehicle, driving or parking event, time and place. The fact that the letter is addressed to the registered keeper does not establish who drove. It identifies the person from whom the authority requests the information.

Section 103(2) KFG requires the information without delay. The official information on driver identification states two weeks from service for a written request. For the individual file, copy the service date and deadline information from the original. A date printed on the letter does not replace proof of service.

For a postal answer, the official information refers to the date of the postmark. Keep the envelope, posting receipt or other available shipping confirmation together with the answer copy. An oral request must be answered without delay.

Check the address, form or electronic channel specified by the authority. The official information notes that many Austrian provinces offer online responses. For your records, the important point is the route actually used.

Save an online confirmation page or message, the sent content and time of an email, or the postal receipt for a paper response. An answer copy shows its content. Without matching delivery evidence, it proves the route and timing only to a limited extent.

The statute provides for records where the requested information could not otherwise be given. Review logbooks, calendars, handover documents and company vehicle records only for what the original document establishes. Match each record to the registration number and requested time.

Keep open points separate. Do not retrospectively change or complete records, and do not transfer information from another vehicle or period merely because it appears to fit. Companies should also identify who manages the vehicle and who can provide reliable information.

The official information does not classify identifying the driver as an admission of culpability. The question of culpability belongs to the ensuing administrative proceedings. Keep the driver disclosure file and any later proceedings documented as separate stages.

The official information states that failing to identify the driver, or providing false, late or incomplete information, can lead to an additional penalty alongside the penalty for the traffic offence. This makes the careful preservation of the original, service, sent version and delivery evidence important.

• the complete driver disclosure request with every page and attachment
• the envelope or electronic proof of service
• the file reference, registration, vehicle, time and place stated in the letter
• logbook, calendar, handover or company vehicle records in their original form
• a copy of the information actually submitted
• postal receipt, acknowledgement, sending confirmation or electronic time record

The driver disclosure check organises these details. The driver disclosure checklist supports local document tracking. Definitions are available in the driver disclosure glossary and the entry on the registered keeper.

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