Failing to produce driver details
If you have been accused of committing a driving offence without being stopped by the Police, you will receive details in the post of what you are accused of by way of a Notice of Intended Prosecution combined with a s172 Notice and you need to respond to this Notice. If you fail to respond to the Notice you can be charged with Failing to Provide Driver Details.
What is the offence of failing to produce driver details?
You can be charged with failing to provide driver details if you are the registered keeper or driver of a vehicle that is alleged to have been involved in specified road traffic offences. If you were the registered keeper of the vehicle but not the driver at the time of the offence, you need to provide details of the driver as may be required by the police.
What are the specified road traffic offences?
They include speeding, going through a red traffic light and careless driving.
How is the information requested?
If the driver is not stopped by the police at the time of the offence, it may be requested in writing by way of a Notice of Intended Prosecution combined with a s172 Notice.
What is a Notice of Intended Prosecution (NIP)?
For certain offences where a person was not notified at the time of the offence that they may be prosecuted they must be sent a written Notice of Intended Prosecution which details the offence.
When does a Notice of Intended Prosecution have to be sent?
It has to be sent to the driver or registered keeper of the offending vehicle within 14 days of the offence excluding the actual date of the offence. If the time limits are not complied with, subsequent proceedings may be a nullity.
How does a Notice of Intended Prosecution have to be served?
It can be sent by recorded delivery, registered post, hand delivery or 1st or 2nd class post. Whether it is deemed served within the time limit will depend on the method of service and the date is was deemed served. If the time limits are not complied with, the subsequent proceedings may be a nullity.
How do I respond to the Notice of Intended Prosecution?
You respond in writing on a s172 notice which will be attached to the Notice of Intended Prosecution.
What is a s172 Notice?
The s172 notice requires you to give details of who was driving at the time of the offence.
How long do I have to complete the s172 notice ?
You have 28 days to return it, from the date of service.
What if I fail to return it within 28 days?
You are likely to be prosecuted for failing to give driver details. If you need help & advice, please call our experienced team on 0115 7841588.
What if I did not know who was driving at the time of the offence?
You must still fill the form in and send it back with 28 days giving details of all possible drivers.
Is it a defence if I did not know who was driving ?
You may have a defence if you did not know who was driving, and you could not with reasonable diligence have ascertained who the driver was at the time of the incident.
Are there any other defences ?
You may have a defence if you never received the NIP or the s172 notice, or the information for the offence was laid before the Court more than 6 months after the date of the offence.
What if the offence was committed in a company car ?
There is an obligation on the directors or managers of the company to complete and return the s172 notice. If the s172 notice is not returned or details of the driver not given ,and the offence is proved to have been committed with the consent/connivance or neglect of one of the directors, managers or the company secretary, that individual can be prosecuted as well as the company.
What defences are available to a company?
It is a defence to establish that the company did not know who was driving, the company could not with reasonable diligence have ascertained who the driver was at the time of the incident, no records were kept of who was driving the company car at the time of the offence, and it was reasonable to fail to keep a record. Speak to our Motor Team today for FREE initial advice – 0115 784 1588.
Where can the offence be dealt with?
It is a summary only offence so will be dealt with at the Magistrates Court.
What is the maximum penalty?
A fine of up to £1,000
6 points or a discretionary disqualification
A fine of up to £1,000.
Have you been charged with failing to produce driver details? If so contact our experienced motoring solicitors today – 0115 784 1588