Under Section 172 of the Road Traffic Act 1988 the registered keeper of a vehicle has a legal obligation to provide details of who was driving at the time of an alleged motoring offence.
You can also be charged as a company if you fail to provide the information, although penalty point endorsement is limited in such cases and it is more common for fines to be given instead.
Defences include that of reasonable diligence – that you attempted to ascertain the details and that it was not reasonably practicable to identify the driver.
Penalty:
Failing to do so carries a 6 penalty point endorsement and up to £1000 fine.
Our solicitors have represented personal clients and businesses who have been charged for this offence of failing to identify the driver of a vehicle. It is often the case where the owner (or former owner) of a vehicle will receive a letter from the police to identify the driver but cannot do so due to certain reasons. Our solicitors have defended clients facing such allegations and have effectively refuted these charges; explaining to the Courts that the client has shown reasonable diligence and done what they can to provide the details requested.
It is important that you have the expert representation to ensure that your reasons/circumstances are put forward at Court and the allegations you face are vigorously defended. We are here to actively explore the defences available for our clients and are not afraid to defend our clients position in Court.
If you have been charged with this offence and summoned to Court, contact us immediately to discuss your matter.
