Under Section 172 of the Road Traffic Act 1988 if you are the registered keeper of a vehicle alleged to have committed any offence when the vehicle was not stopped by the police and so the driver has not been identified, and you fail to name the driver of the vehicle, then you are likely to face prosecution.
If it is a company vehicle then the law states that the business should keep a log of who is driving the vehicle.
If you are not the registered keeper of the vehicle then there is a lower burden on you. You will only be expected to provide as much information as you can to help the police identify the driver.
If you have received a summons explaining that you have failed to provide information as to driver identity then this is the time to speak to your solicitor. You can talk through your case with us before you respond and we may even be able to deal with the matter without attending court. Call us now for free initial advice on 0800 046 3066
Being convicted with this offence will mean that you will receive 6 penalty points and a fine of up to £1000. The Magistrates can also disqualify someone for this offence but it is rare.
We are able to challenge this offence in a number of ways. For example, there may be evidential errors. It may also be impossible to identify the driver of the car and therefore you can use the defence of reasonable diligence. To successfully use this defence, you must show that you have made a real and genuine effort to identify the driver, which can be evidenced at court.
For more information regarding S 172 and failing to provide driver identity contact our specialist motoring solicitors on 0800 046 3066