A driver is, in principle, responsible for offences committed during driving. But if you give the car to someone unfit to drive for some reason, you can also be held responsible.
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04/09/2026
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ANDm certain cases or situations, the responsibility for road offences can generate doubts, since it does not always fall on those who lead or practice it.
Consider a hypothetical scenario in which you have your car and let it be driven by a family member without a driver's license. Can you be held responsible for possible infringements?
The Road Code is clear. In its Article 135, which governs the liability for infringements, it states that “those who practice the facts are responsible for road contraordination”. And, as a general rule, driving offences – such as driving without a driver’s license – are the driver’s responsibility.
However, paragraph seven of the same article provides for other situations. One of these concerns the provision of vehicles to which it is unable to drive them.
You can read that has responsibility for infringements who “provide the use of vehicles to persons who are not adequately qualified to drive, who are under influence of alcohol or psychotropic substancess, or are subject to any other form of reduction of physical or psychic faculties necessary for driving”.
Therefore, those who do so may also incur fines and other penalties provided for under relevant legislation such as the Road Code.
On the other hand, if you cannot tell who the driver is, the responsibility lies with the owner. Therefore, when lending a vehicle does not necessarily stay out of trouble in case of disrespect for the rules.