Causing Death by Careless or Inconsiderate Driving
Dangerous Driving
Death By Dangerous Driving
Driving Whilst Unfit
Driving With No Insurance
Driving Without Due Care
Drink Driving Offences
Exceptional Hardship
Failure To Give Details
Failure To Provide A Specimen
Mobile Phone Offences
New Driver Provisions
Regulatory Work
Speeding Offences
Totting Up 12 Points
Traffic Lights

Failing to Furnish

Details of the driver of a vehicle must be supplied when requested by the police pursuant to Section 172 of the Road Traffic Act 1988. The police may send a Notice of Intended Prosecution to the registered keeper of the vehicle in circumstances where the driver was not formally warned of potential prosecution at the time of the alleged offence. This is because some offences require a Notice of Intended Prosecution to be given within 14 days of the alleged offence. Therefore, if the driver is verbally not warned at the time, a Notice of Intended Prosecution sent through the post will have the same effect.

The most common circumstances in which a Notice of Intended Prosecution will be sent to the registered keeper is for offences such as speeding offences detected by automatic camera or traffic light contraventions, usually supported by photographic evidence. However, there are also other circumstances when a Notice of Intended Prosecution can be sent to the registered keeper.

When a requirement for the driver’s details is made, the “person keeping the vehicle” has a statutory duty to provide the driver’s details or any other person can be asked to “give any information which it is in his power to give and may lead to identification of the driver”. It is an offence under s172 of the Road Traffic Act 1988 if you do not provide the necessary information in the required format.

Sometimes, it may be the case that you are unsure as to who was driving at the relevant time. You are obliged to take reasonable steps to establish who was driving. If you have used “reasonable diligence” to try and establish who was driving but have still not been able to, you may still receive a summons for the offence of failing to provide the driver’s information. However, if you show the Court that you used “reasonable diligence”, this may provide you with a defence.

It is important that you seek expert legal advice if you receive a Notice of Intended Prosecution for an alleged offence.

It is also essential for you to seek expert legal advice if you receive a summons for the offence of failing to provide the driver’s details. We will be able to review the prosecution evidence on your behalf to advise you of any possible defences you could put forward. We can also provide representation in Court to ensure that the relevant issues are dealt with properly.

Failure to give the driver’s details as requested may result in a prosecution for that offence. If convicted of the offence, you will be liable to six points and a fine not exceeding £1000.