Failure to Identify Driver

Failing to furnish information is governed by s. 172 of The Road Traffic Act 1988. If a motorist is alleged to have committed certain road traffic offences (including speeding), but he/she is not stopped at the time, it is mandatory that the registered keeper is issued with a ‘Notice of Intended Prosecution’ and requirement for information be sent within 14 days of the alleged offence.

This is a complex area of law and often technical defences may be available dependant on whether the person who committed the offence was the ‘keeper’ or ‘other than the keeper’. Being a ‘keeper’ or ‘other than the keeper’ is not necessarily the same as being the ‘registered keeper’ as a matter of law.

A motorist can also raise the statutory defence whereby it will be necessary for the Defence to show that you have acted with all ‘reasonable diligence’ to ascertain who the driver was at the time of the alleged offence. In such circumstances the burden of proof shifts to the Defendant who will have to show that he did act with all ‘reasonable diligence’ on the balance of probabilities.

Punishment for Failing to Furnish Documents
A fine and six penalty points.

With our experience we are best placed to discuss and consider any potential defence of your case.  Please telephone us on our freephone number 0800 32 888 46. Our telephones are manned by driving defence experts throughout the day, evening and weekends including bank and public holidays.

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