If you have received formal notification or the endorsement of an MS90 conviction and are wondering what it is and what to do next, this article will help. A MS90 conviction could be for several reasons, with differing next steps as a result. Before deciding on the next steps to take, we would always recommend speaking with a solicitor that specialises in motoring offences, to ensure you can make an informed decision. This article will outline what an MS90 conviction is, why you may have been charged with this offence and what your next course of action could be.

Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for expert legal advice

What is an MS90?

As technology advances and more offences are detected by a range of devices, as opposed to just a police officer, it is common place for notification of a motoring charge to come out the blue. As a result, it can often also be difficult to accurately remember the date/time the offence took place and if you were even driving the vehicle in question during this time. Once a motoring offence if committed, such as speeding or driving without due care and attention; a Notice of Intended Prosecution will be sent out to the registered keeper of the vehicle. This notice is a formal request for the details of the driver at the time of the alleged offence. This Notice must be sent within 14 days of the alleged offence. If the Notice of Intended Prosecution is sent outside of this deadline, the prosecution may be void. It is important to note this notice can be delayed under certain circumstances, without becoming void, such as if the vehicle is a company car, rental car or if you have been nominated as the driver by the registered keeper. This deadline also does not apply if you have been pulled over by a police officer at the time the offence was committed, as they will have verbally notified you of their intent to prosecute at the roadside.

Why could I have been charged with an MS90?

You will be subject to a charge of ‘failure to identify the driver’ or an MS90 conviction, if you fail to respond to a Notice of Intended Prosecution and are the registered keeper of the vehicle referenced. It is imperative that you respond to the notice within 28 days, providing either your driving licence details or nominating the driver at the time of the alleged offence.

You can receive a Notice of Intended Prosecution for a range of different motoring offences, such as, but not limited to:

• Driving whilst using or interacting with a mobile phone
• Exceeding the speed limit
• Driving without due care and attention or Careless driving
• Failing to stop at a red traffic light
• Failing to stop when requested by a police constable
• Failing to stop following an accident or road traffic collision
• Failing to report an accident or road traffic collision to police
• Driving without insurance

Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for expert legal advice

Legislation for this offence

A Notice of Intended Prosecution is a formal request from the police to the registered keeper of a vehicle, alleged to have committed an offence, requested the motorist either confirmed they were the driver at the time of the offence or nominate the person who was.

The request is subject to Section 172 of the Road Traffic Act 1988 which states (2) ; ‘Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies –

• The person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief office of police and (b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver’.

As the registered keeper of the vehicle, you are legally required to respond to this notice, providing the correct details of the driver the time of the alleged offence. It is crucial that you do not intentionally provide incorrect details, as this may leave you liable to a much more serious charge of Perverting the Course of Justice, which carries a much higher sentence up to a custodial sentence.

For more information on Perverting the Course of Justice, please refer to our article on this subject: Perverting the Course of Justice.

Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for expert legal advice

Sentencing for an MS90

Both individuals and companies are subject to being charged with failure to provide driver details and each would receive different penalties.

An individual charged with this offence is subject to:

• Endorsement of six penalty points on their driving licence
• A financial penalty of up to £1,0000

A company or business would be subject to:

• A financial penalty of up to £1,0000

It is important to note that if the vehicles owned by a company, the driver details are requested to be provided by the company director. Therefore, when a company is charged with this offence they will only receive a financial penalty and no penalty point endorsement.

What if I am charged with an MS90 without realising?

It is important to ensure they you immediately update your address and vehicles logbook if you move house to ensure that you do not miss correspondence such as this. We regularly receive a number of calls for clients, who have conducted a licence check and found an MS90 conviction they are unaware of. This is generally a result of being sentenced in your absence for not responding to the initial Notice of Intended Prosecution and any further correspondence following this.

If you have been convicted in your absence for this offence, without any prior knowledge of proceedings, then you will need to make a statutory declaration. A statutory decoration is formal written decoration to affirm that the Defendant in the case was unaware of proceedings. If done correctly, this will restart Court proceedings for your matter. You must lodge your statutory declaration with 21 days of finding out that you had been convicted in your absence.

If you were aware that a court hearing had been listed but had not attended due to extenuating circumstances, you may be able to make an application to re-open the case. If this application is accepted, this will restart Court proceedings for your matter.

Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for expert legal advice

What Defences are available for an MS90?

There are a number of defences potentially available to this offence, dependent on the details of your case. The most common defences being:

• The motorist did not receive the Notice of Intended Prosecution requesting driver details and as a result could not respond/was unaware of the requirement to respond. Therefore, it was not reasonably practicable for the motorist to respond to the notice. This is supported by Section 172(b) of the Road Traffic Act 1988. It is important to note, that for this defence to have reasonable grounds of success, the motorist must have kept their address up to date and must have also not received/disregarded any reminder letters.
• The motorist did receive the Notice of Intended Prosecution and did respond to the notice by posting it back to the police with the relevant details. It is important to note, that for this defence to have reasonable grounds of success, the motorist must have kept not received any reminder letters following the initial response being posted. We would always recommend posting any responses by recorded delivery to ensure you can evidence this was done and to strengthen your defence.
• The motorist did receive the Notice of Intended Prosecution and did respond to the notice by posting it back to the police with another person’s detail. However, the police have been either unable to contact this person or the details are out of date. It is also important, that for this defence to have reasonable grounds of success, the motorist must be able to demonstrate that they have exercised reasonable diligence to provide the correct driver’s details.

It is crucial with a defence for this offence, to be able to demonstrate to the Court that you have done everything possible to provide the police with the identity of the driver at the time of the offence.

If convicted, how long would an MS90 penalty stay on my licence?

If you are convicted of failing to provide driver details, the six penalty points that are endorsed on to your licence will remain there for four years, from the date you are sentenced for the offence. However, these points will only be active (count toward your twelve penalty point limit) for three years.

Contact Caddick Davies Solicitors today 

Send us a message or call us on 0333 443 2366 for expert legal advice

What should my next steps be?

If you have been charged with failure to provide driver details or have received an MS90 conviction, we would advise contacting a specialist motoring solicitor, who will be able to guide you on the best next steps to take. Every case is completely different and has different details/circumstances. At Caddick Davies, we offer a free initial consultation over the phone to discuss your case in detail. We can then offer you advice tailored to your case and guide you through the potential next steps available to you.

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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