Failure to Provide Police With Details

Failure to provide police with details and information is an offence that can result in fines, penalty points and even prison sentences. There may be possible defences to this offence that can help to avoid these fines and penalty points.

Failing to Provide Driver Information

The police do have the right to request driving details from any vehicle owner if they suspect the vehicle was involved in a driving offence. The registered vehicle owner may not have been the person driving at the time the offence was committed. But details of who was driving the vehicle on a particular date and time must still be given if requested. This motoring offence falls under the Road Traffic Act 1988, section 172.

Notice of Intended Prosecution and Providing Details

A Notice of Intended Prosecution (NIP) will be the most common time for details requests to be provided. Those suspected of a motoring offence, for example speeding, will be sent an NIP. This must be received by the driver within 14 days of the offence occurring. The NIP should be sent to the registered owner of the vehicle and may come with a driver identity questionnaire. The driver’s identity must be given and these details should be provided within 28 days. If these details are not provided within the specified timeframe the registered owner can be prosecuted.

Common Requests for Driver Details

A speeding offence will be one of the most common offences where police will request driver details. Usually speed cameras have been used to capture such offences and the police will not usually know at the time who was driving the vehicle. But driver details can be requested for many other motoring offences. A Notice of Intended Prosecution will give the registered owner a chance to find out who was driving the vehicle. Be aware that a Notice of Intended Prosecution is not a prerequisite in order to be charged with failing to provide details.

Fines and Punishments for Failure to Provide Details

In most cases the guidelines for failure to provide details offences will be six penalty points on a licence and a fine of up to £1000. There may be alternatives to this punishment if the offence is thought to be a deliberate attempt to pervert the course of justice. Perverting the course of justice is a far more serious offence and carries with it a maximum prison sentence of 14 years. Failing to provide driver details can be complex and legal advice and representation should be taken.

Defence Options for Driver Details Request

There is a defence option available if the driver details cannot be provided. The registered owner will need to satisfy the courts that they have used ‘reasonable diligence’ in trying to ascertain the driver of the vehicle. The court will request evidence that the registered owner has tried to find out who was driving the vehicle. This evidence may take the shape of photographs and documented evidence. The more evidence that the registered owner can provide, the greater the chance of avoiding a successful prosecution.

Company Vehicles and Driver Details

If a vehicle owned by a company is involved in an offence then the company director will usually be the person to provide driver details. If the director does not provide these details when requested within the specified timeframe then they could face prosecution. The defence of not being able to find out the driver of the vehicle including evidence may not be enough to avoid prosecution. The company owner must also be able to prove that it did not hold a record of vehicle drivers at the time the offence was committed. It may be the case that a computerised records system was not working at the time the offence was committed.

Those who have been issued with a Notice of Intended Prosecution or asked to provide driver details should never ignore this request. If the vehicle has been sold and the recipient of the NIP is no longer the registered owner a defence must be given. False information should also not be given to the police as this can lead to more serious charges. Legal advice should be taken if a defence is needed for failure to provide the police with details.

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