As a driver, you are expected to perform reasonable diligence when you commit a motoring offence. One significant duty is to provide driver details when required. This may seem minor but failing to give details can have serious consequences. In this blog post, we will explain this motoring offence, the offences and circumstances that lead to such a charge, the penalties and why you should seek legal advice.
What Does Failing to Provide Driver Details Mean?
Failing to give details means not providing the police with the required information about the driver when asked. This usually follows traffic violations like speeding or running a red light. Under Section 172 of the Road Traffic Act 1988, vehicle owners must tell the police who was driving at the time of the alleged offence. Failure to provide driver information to the police when they request it is against the law.
Normally, you’ll be asked to supply the requested information in a notice of intended prosecution (NIP). This notice of intended prosecution will be sent to the last known address of the registered keeper of the vehicle via Royal Mail first class post. This highlights the importance of updating the registration and making sure the registered owner is correct when a vehicle is bought or sold. If the identity of the driver on the registration is not kept up to date, the wrong person could be implicated in a criminal offence they did not commit.
In circumstances when the alleged offence is committed in a company vehicle, the company, as the keeper of the vehicle, usually receives the notice of intended prosecution. If the company fails to do reasonable diligence and identify the driver, it may be required to attend court and face a fine or other penalties.
While it is not always possible for companies to identify driver information, they are expected to make reasonable enquiries to identify potential drivers at the particular time of the incident. Any possible drivers should be questioned to rule them out.
Importance of Compliance
Compliance ensures the right person is held accountable for road traffic offences. When a person fails to take reasonable steps to furnish driver details it can lead to legal complications and unfair penalties for innocent people.
Legal Obligation
The Road Traffic Act 1988 requires the registered keeper of a vehicle to provide the driver’s details when asked within set time limits. If you are found guilty of failing to provide driver information, it can result in serious potential penalties including up to six points on your licence or even magistrates court appearances.
Situations Requiring Details
Typical circumstances requiring driver information are speeding tickets, accidents or other traffic violations. The police send a Notice of Intended Prosecution (NIP) to the registered vehicle owner. Failure to respond accurately or within the deadline can result in a “failure to give driver details” charge.
What Offences Lead to a Failure to Give Details Charge?
Several offences and instances of careless driving can prompt the police to ask you to provide driver information. It is best to furnish information and confirm the driver’s identity quickly to avoid a failure to give details charge on top of the charge for the original alleged offence.
Speeding Offences
Speed violations are some of the most common traffic violations. When caught by speed cameras the vehicle owner receives a NIP. They must then identify the driver and provide driver details within 28 days. Failure to do so will result in further action.
Running Red Lights
Another common offence resulting in failure to provide driver details is running red lights. Like speed incidents, red-light cameras capture the vehicle, creating photographic evidence of the violation, and an NIP is sent to the registered keeper. Providing driver details quickly is mandatory to avoid further charges.
Accidents and Collisions
In accidents where driver identity is key to investigations and insurance claims failing to give driver details can hinder justice and result in serious penalties.
What Are the Penalties for Failing to Give Details?
Failing to provide driver details can have consequences beyond the original traffic offence. Here are the potential penalties.
Penalty Points
Failing to provide driver information can get you 6 points on your licence. This can be more points than the original offence.
Fines
If you don’t respond to an NIP or fail to respond to a request for details, you may receive a fine of up to £1,000. These can be avoided by compliance.
Court Appearances
Repeating failure to provide details can result in court summons. Court appearances take time, and money and can result in even more severe penalties including licence suspension. Whether or not you choose to plead guilty determines whether a court appearance is necessary.
Driving Ban
Because of the totting-up system in the UK, the six penalty points you receive for failing to provide driver information may put you over the 12-point limit if you have previous convictions for driving offences. This can result in a driving ban, even if you were not driving the vehicle during the offence.
How #1 Motoring Solicitors Can Help
Dealing with traffic offences can be confusing. #1 Motoring Solicitors are experts in motoring law and have the expertise and defence strategies to protect your rights and driving licence.
Legal Advice
Our solicitors will advise on potential defences. These include:
Defence Options
We will look at several statutory defences:
- Non-receipt of written notice of intended prosecution or Summons: If you didn’t receive the NIP within the time limit, this can be a defence.
- Reasonable Diligence: Reduce penalties by showing you made efforts to identify the driver.
- Not the Registered Keeper: You may have a valid defence if you weren’t the vehicle owner at the time of the offence.
- Evidence of good character: Lack of prior convictions and other evidence that you normally follow the law can sometimes reduce penalties/
Procedural Defences
Procedural errors such as incorrect notice or request format, insufficient evidence, or postal issues can render charges invalid. Our defence strategies have successfully defended many clients by leveraging these procedural flaws.
Reduce Penalty Points
In some cases we can negotiate the charge down to a less serious offence like speeding which carries fewer points than a “failing to provide driver information” charge.
Summary
Being guilty of failing to give details is against the law and can have serious legal and financial consequences. It’s important to know your obligations and the possible defences.
Contact #1 Motoring Solicitors today for free initial advice and let us help you defend your case.