What happens if you fail to identify as a driver or provide details as legally obliged?
It is a common misconception that if you ignore a speeding ticket or notice of intended prosecution that it will go away and it is likely you will receive a court summons for failing to identify the driver.
However, if you fail to complete the notice of intended prosecution correctly or do not return it within the specified time of 28 days, you will commit an offence contrary to Section 172 Road Traffic Act 1988 of failing to provide the details of a driver, for which you may receive penalty points and a fine of up to £1000.
A notice will be sent to the registered keeper of the vehicle and it is the obligation of the registered keeper to provide the name and address of the driver, at the time of the offence, to the best of their knowledge and belief.
If you were not the driver of the vehicle, do not simply pass the notice to that person. You must complete and return the paperwork in compliance with the rules. The notice places a legal obligation on the recipient, therefore do not leave it to chance that the other person will resolve matters as you will find yourself summoned to court.
If you require further time to identify the driver, the police may grant you an extension of time.
What happens if a company fails to identify a driver?
The rules are different for a company or business. Companies are expected to keep accurate records of the drivers of their vehicles at any given time. Therefore, should you fail to keep such records it is likely that the court will find you guilty of this offence.
Whether as an individual or company, it is vitally important that you do not knowingly give false details in order to avoid penalty points. This is a very serious offence of perverting the course of justice for which you will be sent to the Crown Court and it is likely that you will face a immediate imprisonment.
Why is legal representation important?
If you fail to identify the driver of the vehicle, in some circumstances you may have a strong defence which can be put forward to avoid penalty points, so it is vital that you contact us do discuss the circumstances of your case so that we may advise you accordingly.