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Failing to Provide Driver Details
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At Caddick Davies Solicitors we specialise in the representation of motorists charged with Failing to Provide Driver Information as to the identity of the driver, more commonly known as “failing to provide driver details”, an offence contrary to Section 172(3) of the Road Traffic Act 1988.
In law where the driver of a vehicle is alleged to have committed an offence, the police may make a request to the registered keeper or any other person to provide information as to the identity of the driver of the vehicle. This commonly happens when a vehicle is detected committing a speeding offence by an automatic speed detection device, where the identity of the offending vehicle is known by the police, but not the identity of the driver.
In these cases, the police will usually send a combined Notice of Intended Prosecution and Request for Driver Details to the registered keeper (or any other identified person) asking them to name the driver of the vehicle at the time of the offence. If the registered keeper (or other person) fails to respond and identify the driver, then they will be prosecuted for the offence of “failing to provide driver information” which attracts a fine of up to £1000 and the endorsement of 6 penalty points.
If you find yourself charged with failing to provide driver details, please contact us for advice and a no obligation consultation on how we can help.
Below you will find information on the Failing to Provide Driver Information Law, How We Can Help and Answers to Commonly Asked Questions.
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What is the penalty for failing to provide driver information?
The penalty for failing to provide driver information is a fine of up to £1,000.00 and the endorsement of 6 penalty points (with the possibility of disqualification).
Sometimes the penalty for failing to provide driver details can be more serious than the original offence in connection with which the request was made.
What are the defences for failing to provide driver information?
There are a number of defences which may be argued in connection with a prosecution for failing to provide driver information. These include:
- I did not receive the notice requesting driver information
- I responded to the notice identifying the driver and posted it back to the police
- I did not know who the driver was and did all that I reasonably could to identify the driver
If you find yourself prosecuted for an offence of failing to provide driver information, please contact us for advice and a no obligation consultation on how we can help.
Statutory Defence: I did not know and could not with “reasonable diligence” identify the driver
Section 172(4) of the Road Traffic Act 1988, provides that if a motorist does not know and could not with “reasonable diligence” ascertain who the driver was, then they are not guilty of the offence.
In order for a motorist to show that they have exercised all “reasonable diligence”, they will be required to demonstrate that they have done all that could reasonably be expected to identify the driver of their vehicle.
It is for the motorist to prove this defence on a “balance of probabilities” or “more likely than not”.
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Statutory Defence: It was not “reasonably practicable” to respond to the request
Section 172(7)(b) of the Road Traffic Act 1988, provides that if it was not “reasonably practicable” for a motorist to provide information as to the identity of the driver, then they are not guilty of the offence.
It is accepted in law that if a motorist did not receive the notice, then it would not be “reasonably practicable” for them to respond and they should be found not guilty of the offence.
It is for the motorist to prove on a “balance of probabilities” or “more likely than not” that it was not reasonably practicable for them to respond.
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Specialist Failing to Provide Driver Information Solicitor Representation
At Caddick Davies Solicitors. we specialise in defending motorists charged with failing to provide driver information and have successfully defended hundreds of motorists who have found themselves wrongly accused.
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Commonly Asked Questions About Failing to Provide Driver Information
If you did not know and could not with “reasonable diligence” ascertain who the driver was, then you are not guilty of the offence.
We will work with you to prove to the court that on a “balance of probabilities”, you have exercised all “reasonable diligence” in trying to identify the driver.
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If you never received the notice through no fault of your own, then you have a defence that it was not “reasonably practicable” for you to respond, as you cannot provide a response to something which you have not received.
We will work with you in the preparation of your case, so that we can prove to the court that on a “balance of probabilities”, you did not receive the notice.
Evidence which may assist your case may include:
- Evidence of postal interruptions e.g. bad weather or time of year
- Evidence of postal difficulties in your local area e.g. neighbours receiving your post
- Access difficulties with your address e.g. the postman could not deliver
- Uncertainty of your postal address
- Mail theft e.g. post in communal areas
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If you have posted your response to the request for information to the police and they say they have never received it, you have not committed an offence.
We will again work with you to prove that on a “balance of probabilities”, you posted the response to the police and have therefore committed no defence.
Evidence which might assist your case will include:
- Evidence of other communications with the police e.g. request for photo’s
- Evidence of where you posted the item
- Proof of postage
- Confirmation from a third party (i.e. a partner) that you replied
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If you have received a written request for driver information, the law provides that you have 28 days from the date of receipt to respond and provide driver information.
In some cases if you don’t respond within 28 days, the police may send you a reminder allowing a further 28 days to respond.
You will not commit any offence if you are able to demonstrate that it was not reasonably practicable to provide the information within the prescribed time frame and that you did so as soon as it was practicable to do so (e.g. you were on holiday when the notice was received and you responded as soon as you returned).
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