Failure to provide driver details

If you have been accused of committing a driving offence without being pulled over, the police have, in the vast majority of cases, up to 14 days to inform you that you have been accused of the offence. For free initial advice call our 24/7 helpline: 0333 344 4889.

Typically this will occur for moving traffic offences such as speeding or contravening a traffic signal. The most common way for the police to issue a charge is a notice of intended prosecution (NIP). If you receive a notice of intended prosecution after the 14 day period the prosecution of the offence will usually be void however; if the vehicle in question was involved in an accident the 14 day limit for a notice of intended prosecution to be issued is lifted.

The notice of intended prosecution or section 172 notice gives the registered keeper of the vehicle 28 days to provide information regarding the identity of the driver on the date and time the offence occurred. If driver details are not provided within this period an offence has been committed and a charge of failing to provide driver details will have been committed, this offence carries a punishment of 6 penalty points and a fine of up to £1,000.

If you have received a notice of intended prosecution speak to our specialist motoring offence solicitors for advice on the options available to you similarly if you have received a summons alleging that you have failed to provide driver details consult our specialist before making your response or plea.

Reasonable diligence can be argued if the registered keeper of the vehicle can prove that they did not know who was driving the vehicle at the time despite reasonable efforts to find out. Measures such as acquiring photographic evidence from the police are included.

A charge of failing to provide driver details may also be challenged if it can be proven that the registered keeper of the vehicle can prove they provided driver information as soon as was reasonably possible after the expiry of the 28 day period.

Areas of specialism

  • Reasonable diligence
  • 14 day rule
  • Central ticket office errors
  • Crown prosecution service procedures
  • Shared/company vehicle prosecutions
Should the registered keeper of the vehicle be a company the reasonable diligence is not usually applicable as legal requirements necessitate businesses to know who is driving a commercial vehicle at all times. Reasonable diligence however could still be argued if it can be proven that the failure to record driver details was reasonable in the circumstances.
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