Road Traffic Offences

Is failing to furnish driver information an offence?

Section 172 of the Road Traffic Act 1988 states that you must provide details of the person driving your car at the time of any alleged offence. Failure to do so is a serious offence

Failing to provide these details will result in a prosecution that carries a penalty of six penalty points and a fine up to £1000 when convicted.

If you have six penalty points or more this will lead to totting up and a minimum disqualification of six months unless you can provide the court with proof of exceptional hardship.

Therefore this means you should always respond to the request for driver information on the form that comes with a Notice of Intended Prosecution (NIP) to the best of your ability.

In some cases, the driver who has committed the offence would not have told the registered keeper. This can be a problematic area of the law as a vehicle can be insured with additional drivers added, making it impossible to name who was driving at the time and date of the offence.

There are statutory defences available if you are charged with failure to furnish driver information:

• Not reasonably practicable: Were the 28 days allowed to furnish this information was insufficient for any number of reasons.
• Reasonable diligence: Where a court may be persuaded that the registered keeper of a vehicle had done their best to identify the driver, however, it has proved to be impossible.

What if you provide the wrong information?

Providing the wrong information can lead to perverting the cause of justice. This is an extremely serious offence and can lead to imprisonment.

Do you require legal assistance?

If you have received a Request for Driver information or are facing charges of failure to furnish driver information, you should seek advice from a road traffic offence solicitor before responding to the police.

Contact our Road Traffic Offence Solicitor today on 0161 798 9000 for advice on your situation.