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Fail to Provide Driver Details - Company Prosecutions

View profile for Helen Johnson
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Does a Company have to provide details of their drivers’ (s172 notice)?

If a vehicle is registered at DVLA as being owned by a Company then the Company must provide details of the driver's identity.

How is driver information requested?

The Company will receive a request for the driver’s identity in the form of a s172 notice. The Company must provide this information and failure to do so will result in the Company being summonsed to Court for an offence of Failing to provide driver’s details.

What if the Company doesn’t know who was driving?

The Company has to show that on a balance of probabilities it has used reasonable diligence to find out who was driving at the time.

What if there are no records of who was driving?

The Company have to demonstrate that it was reasonable in the circumstances for the Company not to have kept records of the person driving at the time.

What records must the Company keep?

The Company must demonstrate that they keep good records.

Will the directors get penalty points?

There is no risk of penalty points against individual directors or other Company official, unless it can be shown that there is negligence or connivance of an individual within the Company to avoid the information being provided.

Will the Company be fined?

The Company will face a substantial fine. The court will impose a fine that is sufficiently substantial to have a real economic impact which will bring home the need to comply with the law.

How can we help?

Here at Johnson Astills we provide expert legal advice, should you find yourself charged with this offence please contact our offices who will be able to advise you further.

Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day whether at the police station or at Court. If you need advice or assistance from the criminal department at Johnson Astills, please contact us on 0116 255 4855.

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.