Failing to Provide Driver Details
In situations where a motoring offence has occurred and the police have been alerted such as in the case of moving traffic offences, they will usually issue a Notice of Intended Prosecution within 14 days of the offence to the registered keeper of the vehicle.
Once you have received a Notice of Intended Prosecution you have 28 days to provide information about the offence and the driver of the vehicle.
Under the Road Traffic Act 1988 the registered keeper of a vehicle is legally required to provide information about the driver of the vehicle at the time of an alleged offence. If the police request driver details from someone other than the keeper of the vehicle they still have a legal obligation to provide information which is within their power to give and that may identify the driver.
By failing to provide driver information you can be summonsed to court and if convicted you will face six penalty points and a fine of £1000. It is also important to note that you can still face conviction even if you do not receive the request for information due to it being sent to an old address for example.
If you have received a Notice of Intended Prosecution or a summons for failing to provide driver details, contact Rotheras motoring defence solicitors. Our experienced team can advise you on your options including ways you may be able to challenge the offence.
We have a site dedicated solely to Motoring Offences whilst still using the same expert Transport solicitors, so if you’re looking for more information about types of offences, our team, where we operate or case studies from some of our previous clients, then head over to KeepMeOnTheRoad. If you feel you’ve read enough and want to speak to one of the country’s leading transport Law teams, give us a call now on 0115 910 0600.
Why use Rotheras for a Failing to Provide Driver Details Offence?
We can advise you on your options if you have received a Notice of Intended Prosecution or a summons.
We may be able to argue reasonable diligence where the registered vehicle keeper can prove they did not know who was driving the vehicle at the time of the offence.
We may be able to challenge a charge of failing to provide driver details if it can be proven that the registered keeper of the vehicle provided driver information as soon as was reasonably possible after the 28 day period.
We can help whether the registered keeper of the vehicle is an individual or company.
We can assist you where you did not receive a Notice of Intended Prosecution and Request for Driver Details, or the police did not receive your NIP response or you were unable to identify the driver.
We may be able to help you avoid a conviction where you have received a summons for the original motoring offence, especially if the authorities are trying to establish the identity of the driver and have also sent you a summons for failing to provide driver details.
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Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.
Chris Powell is an associate solicitor at Rotheras, specialising in road transport law and motorist defence. He advises and represents haulage and PSV operator licence holders and drivers on all road transport regulatory matters.
Lindsey is a Chartered Legal Executive and Paralegal based in our transport and motorist offence department.
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.
Elizabeth Shaw is a paralegal in Rotheras Transport department and is based at our Lace Market office.
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Posted on 02/22/2021