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motorbike solicitor has produced a series of Offence Guides geared at helping motorcycle riders and their pillion passengers understand common road traffic offences and the issues facing them should they be stopped by the police.
This page contains our guide to the offence of failing to provide driver details.
If you are the owner of or the driver of a motorbike said to have committed a motoring offence, Section 172 of the Road Traffic Act states that the police can request details of the driver of the vehicle on a specific day and at a given time.
Typically a request comes in relation to a Notice of Intended Prosecution (NIP) for a speeding offence – usually caught on speed camera. An NIP must be received within 14 days of the offence and must be issued to the vehicle’s registered keeper.
If a Driver Identity Questionnaire is attached there is a duty to name the driver within 28 days otherwise prosecution can take place. You do not need to own or be the keeper of the motorbike to be guilty of the offence. No matter how erroneous a request is, you are under a duty to respond.
Identified drivers may receive a second questionnaire (if they are not the vehicle’s registered keeper it does not matter if receipt falls outside of the 14 day stipulation).
There is no requirement for an NIP for failing to provide driver details.
Failing to provide driver details offence?
Please do not hesitate to contact our approachable team for free impartial advice and no obligation legal guidance.
Fines up to £1000 and an automatic 6 penalty points apply for failing to provide driver details offences. Deliberately withhold information or provide misleading details and ‘perverting the Course of Justice’ may apply – an offence that is punishable by up to 14 years imprisonment.
If you can show that you could not with reasonable diligence have ascertained who the driver was then you can defend the charge. If you are not the registered keeper of the motorbike, showing that the required information was not yours to give (or that it was not reasonably practical to give it) is a defence.
Having been asked to name the driver it is vital to act swiftly. Never ignore a notice or proffer false information – motorbike solicitor urges you to seek legal expertise as quickly as possible so you are aware of your legal obligations.
If you are involved in a scenario of failing to provide driver details, sound legal advice and expertise may be obtained from motorbike solicitor now. Simply call 01606 592159