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Failure to Provide Driver Details
If you have been accused of Failing to Provide your Details following a motoring offence, our expert solicitors are here to assist you. We will be happy to discuss your case in detail and explain how we can help.
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The Offence of Failing to Provide Driver Details
The offence is governed by s.172 of the Road Traffic Act which requires registered keepers of vehicles to provide the identity of a driver at the time of an alleged motoring offence. This is usually a speeding matter which has been recorded on an unmanned camera.
After the original offence has been committed, a “s.172 notice” will be generated and sent to the registered keeper along with a “Notice of Intended Prosecution” (NIP). The NIP must be sent out within 14 days of the original offence.
Once the s.172 notice is received, the recipient then has 28 days within which to respond and to either confirm the driver or to inform that they are unable to confirm the driver’s details or to nominate someone else as the driver.
Failure to respond in good time will result in the recipient being charged with the offence.
Penalties for Failing to Share Driver Details
Failing to furnish information concerning a driver’s identity carries a penalty of 6 points and a fine of up to £1,000, which will be imposed if you fail to properly respond to a request for the driver’s details.
What should you do if you have been accused of failing to provide information?
Whatever the circumstances of the accusation against you may be, contact JHR Solicitors for advice on how to proceed.
However, under no circumstances should you do any of the following:
- Claim that you didn’t receive the NIP if you did,
- Name someone else as the driver if you know they were not, in an attempt to avoid penalty points
The penalty for perverting the course of justice is severe and can result in imprisonment.
Who we are and how we can help
We are a firm specialising in all types of motoring offences. With years of extensive experience, we are the perfect choice to help you with any motoring offence. We have dealt with cases before the High Court as well as all types of complex traffic charges.
Our firm is based in the Greater Manchester area; however, we represent clients nationwide.
Please give us a call if you are subject to a police investigation for the offence of filing to provide driver details and we will be happy to discuss your case in detail and explain how we can help you.
John Ruane
Your Expert Driving Offence Solicitor
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Legal defences for Failing to Provide Driver Details
You could be charged with failing to provide driver details if you do not identify who was driving the vehicle following receipt of a request for driver’s details.
However, if you genuinely cannot determine who was driving, you may have a possible defence. Simply saying you do not remember is not sufficient; you would need to show the court that you exercised ‘reasonable diligence’ in trying to establish the driver’s identity. The court will assess whether your efforts meet this standard of ‘reasonable diligence.’ It’s worth noting that the available defences differ slightly for limited companies.
If you are not the vehicle’s registered keeper, your legal obligation is less stringent. In that case, you only need to provide any relevant information you can reasonably give that may help authorities identify the driver.
Being accused of committing more than one offence
It is not uncommon to receive summons that alleges you have failed to provide driver details and committed another motoring offence, such as speeding or failing to stop at a red light.
If you find yourself in this situation, it is best to seek legal advice from an expert motoring offences solicitor.
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Frequently Asked Questions
I don’t know who was driving at the time of the offence - will I be prosecuted?
If you cannot name the driver, you will probably be charged with the offence. It will then be incumbent on you to prove you exercised reasonable diligence to identify the driver.
What if I ignore request for driver’s details.
If you ignore the request, you will be charged with the offence and would not have a viable defence.
Will I have to attend Court?
You may not need to attend if you decide to enter a plea of guilty. If you were to advance the “reasonable diligence” defence, you would need to be present to give evidence.
What is a 172 Notice?
The notice is usually attached to a notice of intended prosecution. The notice places an obligation on the recipient to respond within 28 days.
Is failing to provide driver details a criminal offence?
The offence will go on your driving record but would not be recorded on your criminal record.
Driving Offences