Failure to Provide Driver Details
Did you fail to receive a notice of intended prosecution (NIP) and request for driver details? Did you cooperate but were unable to identify the driver? Did the police not receive your response to the NIP?
If you have been accused of failing to provide driver details to the police following a motoring offence, JMW's experienced solicitors can help you.
Due to the deadline to respond (28-days from the date of the S172 notice), time is of the essence in cases such as these. Our motoring solicitors have expertise in dealing with allegations of failing to furnish information.
Call JMW on 0345 872 6666 or complete our online enquiry form and we will get back to you.
On This Page
- What Our Clients Say
- How JMW can help
- Meet our team of driving offences solicitors
- Case studies
- What is ‘failure to provide driver details’?
- What is the legal defence against failing to provide driver details offences?
- What should you do if you have been accused of failing to provide information?
- What are the penalties for failing to provide driver details?
- FAQs about driver detail offences
What Our Clients Say
How JMW can help
The specialist motoring offence solicitors at JMW are here to help you understand your rights and ensure you have the best possible chance of avoiding a conviction, fine or points on your licence. With experts in both our London and Manchester offices, we can support clients from across the UK with driving offence allegations.
Our team has many years of experience supporting motorists and, as a result, you can be sure that you will receive only the best legal advice, regardless of the situation you find yourself in.
Meet our team of driving offences solicitors
Our specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of failing to provide driver details.
Case studies
What is ‘failure to provide driver details’?
Failure to tell police who is driving a car when an offence has allegedly been committed is an offence itself, known formally as a Section 172 offence (S172) in line with the Road Traffic Act 1988, or sometimes referred to as failure to furnish information.
Ordinarily, if a person has committed a motoring offence and they have not been stopped by the police, an NIP will be sent to the registered keeper of the vehicle within 14 days of the alleged offence. They would then be given 28 days from receipt of the notice to respond.
The registered keeper of the vehicle must supply the identity of the driver who was behind the wheel at the time the offence was committed. It is the responsibilities of the registered keeper to know who was driving the vehicle, or to exercise all reasonable diligence to ascertain who was the driver. Failure to exercise this duty and supply the requested information can lead to significant penalties.
However, there may be valid defences you can rely on.
What is the legal defence against failing to provide driver details offences?
If you are an individual and the DVLA has you registered as being the ‘keeper’ or ‘owner’ of the vehicle that is alleged to have committed an offence, you will be guilty of failing to furnish driver details if you fail to name who was driving the vehicle at the time of the alleged offence, or fail to provide adequate information. You are required to provide information that is in your power to give, which could assist the authorities in identifying who was driving the vehicle at the time of the alleged offence.
However, if you are unable to establish who was driving the vehicle at the time of the alleged offence, you may have a defence.
It would not be enough to simply say you cannot remember. You would have to demonstrate to the court that you exercised ‘reasonable diligence’ in trying to establish who was driving, or that it was not ‘reasonably practicable’ for you to provide such information. It would be for the court to decide whether or not your actions amounted to ‘reasonable diligence’ or the alternative, reasonable practicability.
The defences that are available to companies are slightly different and more complex. Should you wish to discuss these further, please contact a specialist member of our team today.
What should you do if you have been accused of failing to provide information?
If you have been accused of failing to supply driver information, it is important to know that there are defences you can rely on. Maybe you have received an NIP and you are unable to identify who was driving, or perhaps you were suffering from postal problems and did not receive the NIP. There are several valid reasons why you may not have provided such information as was requested by a Notice of Intended Prosecution, and you should instruct a solicitor to start preparing your defence.
You may have received a summons that alleges that you have not only failed to furnish information, but committed a motoring offence such as speeding or failing to stop at a red light - and you may be prosecuted for both offences up until the day of trial.
Whatever you do, you must not do any of the following:
- Claim you did not receive the NIP when you did
- Name someone else as a driver when you know they were not
- Name someone else as a driver because they live abroad and you think they will escape penalty points as they do not have a UK licence
The penalty for perverting the course of justice is very severe. In most cases, a conviction for perverting the course of justice is imprisonment. If you are in this situation and do not know what to do, call us now for some initial advice from one of our expert motoring offence solicitors. We may be able to help you avoid convictions for both your failure to provide driver information and the original offence.
What are the penalties for failing to provide driver details?
The penalty for failing to provide driver details is six points and a fine of up to £1,000. This is quite serious, considering most minor motoring offences attract a penalty of less than six points. In fact, you could receive six penalty points for failing to provide the relevant information to the police even if you were not driving. For more information about the failure to provide driver details (S172) sentencing guidelines, speak to our expert solicitors today.
FAQs about driver detail offences
- What does failure to provide information mean?
Failure to provide information typically refers to the offence of not responding to a formal request for details about a driver’s identity under Section 172 of the Road Traffic Act 1988. This law requires a registered keeper or any relevant party to provide information about who was driving a vehicle when a suspected motoring offence occurred.
- I don’t know who was driving the vehicle at the time of the offence. Will I be prosecuted?
If you genuinely do not know and cannot determine who was driving, you may not be automatically prosecuted. However, you are expected to have taken reasonable steps to identify the driver.
You must demonstrate due diligence in trying to identify the person who was driving at the time of the offence to avoid being charged with failure to provide driver details. It is not a legal defence to say that you don't know unless you can show that you attempted to find out. This might include checking dates, times, locations, and speaking with potential drivers of the vehicle. If you are unable to identify the driver despite taking reasonable steps, you should seek legal advice. Each case is unique, and a legal professional can provide you with advice tailored to your specific circumstances.
If your vehicle was reported stolen, or if there is another legitimate reason why you could not know who was driving, this may constitute a defence. Speak to our team about your circumstances and we will evaluate the options available to you.
- How does providing driver details relate to company vehicles?
The responsibility of providing driver details is not restricted to personal vehicles; it extends to company vehicles as well. If an offence is suspected to have been committed in a company vehicle, the company itself, as the registered keeper, will usually receive a Notice of Intended Prosecution. It is important for businesses to keep accurate records of which employees are using company vehicles at any given time.
The company is legally obliged to provide the details of the individual who was driving the vehicle at the time of the alleged offence. If the company fails to provide this information, it can be charged with the offence of failing to provide driver details.
A company cannot receive penalty points, however it can receive a hefty fine
- Will a conviction for failing to provide driver details impact my future employment opportunities or travel plans?
A conviction for failing to provide driver details is considered a criminal offence and will be part of your criminal record. Depending on the nature of your employment or the requirements of your prospective employer, this could potentially affect future employment opportunities. For example, if you are applying for a job that involves driving, or if an employer carries out a DBS (Disclosure and Barring Service) check, this conviction may have implications.
As for travel, it is unlikely to directly impact most of your travel plans. However, some countries, such as the USA, have strict immigration policies and may deny entry to individuals with certain criminal convictions. It is advisable to check the entry requirements of the countries you plan to visit and seek legal advice if you are unsure.
- What are the failure to provide driver details sentencing guidelines?
Failing to provide driver details is a serious offence under Section 172 of the Road Traffic Act 1988. Penalties for a conviction include:
- 6 penalty points on your driving licence.
- A fine of up to £1,000.
- A potential driving disqualification.
Depending on how many points are already on your driving licence, this could cause you to lose your licence, which is a particularly severe outcome considering you may not have been driving.
- How will my driving record and licence be affected if I am convicted of this offence?
Penalty points you incur from a failure to provide details of a driver will remain on your licence for four years from the date of the road traffic offence. If you accrue 12 or more points within a three-year period, you could face a 'totting up' disqualification, which means you could be disqualified from driving for at least six months. Additionally, certain insurance companies may increase your insurance premiums based on the points on your driving licence, or refuse to insure you altogether.
- Can I challenge the accuracy or validity of the police's request?
It may be possible to challenge the accuracy or validity of the police's request for driver details. There are certain legal requirements that the police must meet when issuing an NIP. For instance, if the NIP was not sent within 14 days of the alleged offence, it may be invalid. It is strongly recommended that you seek legal advice before taking this step. JMW can help you determine whether a challenge is feasible and guide you through the process.
- What happens if I ignore a Notice of Intended Prosecution?
Ignoring an NIP can lead to serious consequences. If you fail to respond to an NIP, you may be charged with failing to provide driver details. It is essential to respond to an NIP, either by accepting the offence and paying the fine, or by providing the necessary driver details. If you are unsure about how to respond to an NIP, it is recommended to seek legal advice.
- Do I need to attend court, or can my solicitor represent me on my behalf?
For offences such as failing to provide driver details, it is not always necessary for you to attend court in person. Many cases can be handled by written correspondence or by your solicitor representing you on your behalf. However, the specifics can vary depending on the details of the case, the court's requirements, and whether you plan to plead guilty or not guilty. If you plead not guilty, a trial will most likely be necessary and your attendance may be required. It is best to discuss these details with your solicitor, who can provide advice based on your unique circumstances and the specific legal requirements.
Talk to Us
If you want to speak to us about anything to do with the failing to provide information offence, call our team on 0345 872 6666. Alternatively, fill in our online contact form and someone will be in touch as soon as possible.