Failure to name driver

If a traffic offence has been committed in offences such as speeding or the vehicle has been involved with an accident, Section 172 of the Road Traffic Act 1998,  creates a legal obligation on the person who is the owner or the registered keeper of the vehicle to provide the name of the driver at the time of the incident, when the same is requested by the police.  Not providing the information is an offence which can subject you to prosecution.  The penalty for this offence is 6 points and a fine up to £1000. 

There are certain defences to this offence and one of this is that the notices were not received within 14 days.  Another is that you have used ‘reasonable diligence’ in ascertaining the driver.   However, it is always best to return the notice within the stipulated time period rather than argue the legality of the notices. If you believe that you have a genuine defence to this charge, please contact our motoring offences solicitors to discuss how we can help you – our phone number is 0208 577 5491.

This code must stay on a driving record for 4 years from the date of the offence.

Code     Offence                                                                          Penalty points

MS90     Failure to give information as to identity of driver etc      6