Vehicle Owner Liability for Traffic Violations
In the Estonian legal system, the liability of a vehicle owner is primarily governed by the Traffic Act (Liiklusseadus - LS). Many owners mistakenly believe they are exempt from liability if they were not driving, but the law provides specific mechanisms for accountability.
Liability under § 188 of the Traffic Act
According to § 188 of the Traffic Act, the owner or the responsible user of a motor vehicle is liable for misdemeanors committed with the vehicle if the violation is recorded by an automated traffic surveillance system (e.g., speed cameras). In such cases, the fine notice is sent to the registered owner. If the owner was not the driver, they are legally obligated to identify the actual driver. Failure to identify the driver often results in the owner bearing the liability for the fine.
Breaches by Other Drivers and Passengers
If the vehicle was operated by another person and the violation was not recorded by automated systems, the actual driver is generally held liable. However, the owner may face civil liability under § 1060 of the Law of Obligations Act (Võlaõigusseadus), which concerns the liability of the possessor of a source of greater danger. If the vehicle causes damage, the victim may claim compensation from the owner, who may subsequently seek recourse against the actual driver.
Regarding passenger breaches (e.g., failure to wear a seatbelt or littering), the passenger is primarily responsible. However, the driver has a duty to ensure that all passengers comply with safety regulations. Under § 223 of the Traffic Act, a driver may be penalized for failing to ensure that passengers comply with the requirements for the carriage of passengers.
Conclusion
While the owner is primarily liable for automated traffic violations until the driver is identified, civil liability for damages can extend to the owner regardless of who was driving. Each case is unique and depends on the specific circumstances of the violation.
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