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What happens if you fail to respond to a request to provide driver details?

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It is an offence if you fail to provide details of a driver, to the police, at the time an alleged offence has been committed, under S172 of the Road Traffic Act 1988.

The registered keeper of a vehicle is required in law to provide details of who was driving at the time.

Can you defend the allegation?

Reasonable diligence

S172 of the Road Traffic Act 1988, states a person shall not be guilty of an offence if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was. To be successful in raising this defence, you must show that you did not know who the driver was and that you did your best to identify who the driver was.

Not reasonably practicable

S172 of the Road Traffic Act 1988, states a person on whom the notice is served shall not be guilty of an offence if he shows either that he gave the information as soon as reasonably practicable after the end of that period, or that it has not been reasonably practicable for him to give it.

For example, a defendant cannot be expected to respond to a request in a 28 day period if they were away but provided the information on return, as soon as they were able.

What are the penalties for failing to provide driver details?

The penalty for failing to provide driver details is six penalty points and a fine of up to £1,000. These points could lead to a disqualification if you already have points on your licence. It is therefore strongly recommended to consult with a Solicitor if you find yourself accused of failing to provide driver details.

How can Johnson Astills assist?

Have you received a notice of intended prosecution (NIP) in respect of failing to provide driver details? Johnson Astills are here to assist and ensure you are in the best possible position to present your case.

Please get in touch with Johnson Astills today and we would be more than happy to discuss your requirements further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Motoring Offences Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.

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