When the police believe that a motoring offence has been committed and they need to identify the driver, they will send a Notice of Intended Prosecution to the registered keeper of the vehicle. The notice, will set out the offence for which the police wish to identify the driver for. The permission for the Police to request this information is given under Section 172 of The Road Traffic Act 1988. The registered keeper has 28 days to reply and identify the driver or give details of the new registered keeper if the car has been sold on. Failure to supply the driver information is an offence!
Trident Solicitors has a proven record of successfully fighting cases of failure to supply driver information.
What is the penalty if I don’t disclose the driver
If you are convicted of failure to supply the driver information, the Court will impose 6 penalty points on your licence and impose a fine of up to £1000.
If you already have 6 or more points on your licence, then with the imposition of the above 6 points, you will be subject to a “totting up” disqualification. If this occurs, the Court will consider disqualifying your from driving for a minimum period of 6 months unless you can demonstrate to the Court that there are “special reasons” not to endorse the points. If you do accure 12 points, then you may be able to avoid the disqualification, if you can shown that to do so would cause “exceptional hardship“. We can help advise you in all these matters
Note: You should not provide false details for the driver, as to do so is an criminal offence of Attempting to Pervert the Course of Justice and can lead to term of imprisonment upon conviction
What if I don’t know who was driving?
As the registered keeper, the law states that it is your responsibilty to know who was driving your vehicle at any precise moment, but there may be occassions when you don’t know who was driving – what do you do then?
You should make all reasonable enquiries to find out who the driver was. If you have done this and still can not identify the driver, then you may be found not guilty.
If you receive a Notice of Intended Prosecution or a Summons for failing to supply the driver information and want to know your options, then contact Carl either by phone, email firstname.lastname@example.org or fill in the contact form, for a free initial consultation. Don’t delay, do it today!