The Duty to Provide Information

The registered keeper of the vehicle, has a legal obligation, under Section 172 of the Road Traffic Act, to provide the name of the person who was driving their vehicle at the time of the alleged motoring offence. 

This legal obligation is not restricted to just the registered keeper. If any person has it within their power to give information that may lead to the drivers identification, then they are bound by the same requirement. This is sometimes overlooked by prosecutors and defence solicitors

However do not feel dismayed because this process offers solid ground for a successful defence and even for avoiding a summons in the first place.

As ever,first what the law says. Section 172(2) Road Traffic Act 1988

(2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies :-

(a)    the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and

(b)    any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.

(4)        A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.

Note: The above defence is not available to a company or body corporate unless the offender shows that no record was kept of the persons who drove the vehicle and that the failure to keep a record was reasonable.

(7)        A requirement under subsection (2) may be made by written notice served by post; and where it is so madeĀ—

(a)     it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and

(b)     the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.

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