Failure to Furnish Information as to Driver Identity, Motor offence solicitors Nottingham, UK

Failure to Furnish Information as to Driver Identity

Section 172 Road Traffic Act 1988

Offences such as speeding or contravening a traffic light are usually referred to as ‘moving traffic offences’. Unless you are stopped at the scene by a police officer, it is mandatory with these offences that the police send you a Notice of Intended Prosecution (NIP). An NIP is a document which will refer to the date, time and place of the alleged offence and also the nature of the offence. The NIP must be sent to the registered keeper or the driver of the vehicle within 14 days of the alleged offence.

If you have received an NIP you will have 28 days to respond or you risk conviction.

Being convicted of this offence now results in the endorsement of 6 penalty points on your licence. The Court will also impose a financial penalty of up to £1,000. The Magistrates also have the power to disqualify a driver for this offence.

If a company rather than an individual is convicted of this offence, the company will not incur penalty points as a company cannot hold a driving licence, however, the company is likely to receive a substantial financial penalty.

If the NIP is issued to the company, it is the company’s responsibility to identify the driver of the vehicle. The Court will expect the company to keep records to enable it to identify the driver.

You are required to actually identify the driver and cannot just say that “someone else was driving the vehicle” as this can be construed as attempting to pervert the course of justice and can result in a custodial sentence. However, on the rare occasion when the driver genuinely can’t be identified, we may be able to help.

If you identify another person as the driver, they will then be sent an NIP. However, there is no 14 day time limit for service.

The police are entitled to ask for proof if you have in fact declared that someone else was driving. They will need to produce confirmation of their insurance and also, there may be proof from a speed camera of who was actually driving. If you have said that you weren’t the driver and the photographic evidence identifies you, then you really do need to get some professional advice!

If you are not sure how to respond to the NIP, please speak to one of our specialist team. It may be possible to challenge the offence and we can advise you of your options. Please call now and speak to one of our solicitors Freephone 0800 0463066, learn more from our transport law blog or continuing reading through our road traffic law website. We have offices in Nottingham but offer a Nationwide Service.

Wrong name on summons

Failure to Furnish Information as to Driver Identity

Section 172 Road Traffic Act 1988