Failure to provide driver details
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.
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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 provide driver 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.
Contact us now using our
online contact form below to discuss your specific
circumstances.