The duty to give information as to the driver of a vehicle arises under Section 172 of the Road Traffic Act 1988. There are also other laws when information is required of owners and drivers.
Where the driver is alleged to be guilty of a specified offence a (S172) Notice may be sent to the registered keeper. When such a Notice is received, the ‘keeper’ must give information as to the identity of the driver. Additional persons other than the ‘keeper’ who have information that could lead to the identification of the driver must respond as well if served with a Notice..
There is a strict time limit to return this information and it is important to note that this time limit runs from the date of service.
A person will be not guilty of this offence if they , with reasonable diligence, they are unable to ascertain who the driver was.
This defence is not available to body corporate (limited companies) unless it can be shown that the failure to keep records was reasonable. This defence requires careful examination and in many respects presentation of records.
- a fine of up to £1,000 and driving licence endorsed with 6 penalty points.