If you have received a Notice of Intended Prosecution you are required by law to identify the driver at the time of the alleged offence, failure to do so is an offence. Section 172 of the Road Traffic Act, 1988, gives the police power to serve notice upon the registered keepers of vehicles, to whom the section applies, of a requirement to identify the driver at the time of an alleged offence.
If you were the driver of the vehicle at the time of the alleged offence you are required to complete part 1 of the Section 172 statement.
If you were not the driver of the vehicle at the time of the alleged offence, you are required to give any information in your power which may lead to the drivers identification by completing the appropriate part of the Section 172 statement.
What will happen if I fail to comply?
Failure to comply within 28 days of service of the requirement is itself an offence (subject to certain statutory defences) punishable by 6 penalty points and a fine. However, a person shall not be ‘Guilty’ of this offence if he or she shows that he did not know and could not with reasonable diligence have ascertained who the driver was.
What is the penalty if convicted of failing to notify the identity of the driver?
The penalty is by way of a fine and the endorsement of 6 penalty points upon your licence.
I have committed this offence and now have 12 or more penalty points on my driving licence. What should I do now?
You will be required to attend court with a view to disqualifying you from driving for at least 6 months. If you need your licence and do not want to be disqualified you should consider whether such a disqualification would cause you ‘exceptional hardship’. If you can prove that it would the court would possess a discretion not to ban you or to ban you for a lesser period. If you need advice upon whether your circumstances could be regarded as causing ‘exceptional hardship’ you should obtain legal advice.
Sunil practised from Chambers in London for 25 years. As a junior barrister he would regularly appear on behalf of members of the AA who were being prosecuted for driving offences. Saving driving licences (and consequently careers and livelihoods) became second nature to him. Since then he has appeared in criminal cases from common assault to murder (and everything in between). He has prosecuted and defended in the full range of trial courts from the humble Magistrates’ Courts to the Old Bailey itself. In fact, he was quickly promoted to list ‘A’ counsel on the Attorney General’s list of advocates (reserved for only the best barristers on the list). He has now decided to use his considerable experience for the benefit of the motorist by setting up a boutique, road traffic defence practice, Kent Traffic Law.
Specialising in a range of motoring offences in the UK
If you have you been charged with a motoring offence or you need to save your Driving Licence, Kent Traffic Law can help!
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