Failure to Provide Driver Details

Under Section 172 of the Road Traffic Act 1988 you as the registered keeper of a vehicle are legally obliged to provide information to the Police which identifies the driver of a vehicle suspected of being involved in any alleged offence, this can include speeding, a traffic collision or traffic light offences.

If the vehicle was not stopped by the police at the time of the alleged motoring offence then you as the registered keeper should receive a Notice of Intended Prosecution (NIP) and a section 172 Notice within 14 days of the alleged offence. 

Failure to comply with this legal obligation could render you as the registered keeper to prosecution for Failure to Identify Driver Information and may result in a fine of up to £1000 and 6 penalty points.

I received my Notice of Intended Prosecution (NIP) after 14 days?

Receiving a NIP after 14 days are usually voided by the prosecution, however, if the vehicle in question was involved in an accident the 14 day limit for a NIP does not apply.

What do I do when I receive my Notice of Intended Prosecution?

As the registered keeper you have a period of 28 days to confirm the drivers’ details. If the drivers’ details are not provided within the 28 day limit, then you as the registered keeper could face receiving 6 penalty points and a fine of up to £1000.

What are my defences for Failure to Identify Driver Information?

There will be occasions when you as the registered owner or keeper of a vehicle will not be able to identify the individual who was driving the vehicle who is suspected of a motoring offence. Provided you can show you have made reasonable enquires to ascertain the driver of the vehicle you can be found not guilty of the offence of Failure to Identify Driver Information if the Court are satisfied.

I do not know who was driving my vehicle?

If you are being asked to identify the driver of the vehicle but you are unsure, then you should not guess. You should only identify the driver if you are sure that person being identified was in fact driving. It is therefore very important that you seek legal advice in circumstances where you are unsure of the driver identify to avoid you providing false information in a legal document. Perverting the course of justice is a serious criminal allegation and in most cases if convicted you will receive a custodial sentence.  

How we can help

At Johnson Astills we have a criminal team who regularly deal with a variety of motoring offences. Our specialist solicitors and crown court advocates in the Criminal Defence Team are highly experienced in dealing with all motoring and criminal matters at both the Magistrates’ and Crown Court.

If you find yourself facing any offence it is vital to contact a solicitor as soon as possible to obtain expert legal advice. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 2554855 or our Loughborough office on 01509 610312.