Failure To Identify Driver

January 25, 2013 by  
Filed under Motoring Law, Technology

Failure to identify driver what if I do not know who was driving the vehicle?


Failure To Identify Driver

The offence of failure to identify driver of a vehicle is contained within Section 172(2) of the Road Traffic Act 1988. These provisions state that 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. The law similarly applies to any other person if required to give information which it is in his power to give and may lead to the identification of the driver.

If you are served with a notice of intended prosecution requesting that you identify the identity of a driver all you need do is carry out due diligence by responding to this with as much information as you can give. However, in reality, providing all the information you have knowledge of is not always deemed sufficient and can often lead to prosecution under this section of the Act.


Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.

Failure To Identify Driver legal advice

If the notice of intended prosecution and section 172 Notice is received within the 14 day period, the registered keeper then has a period of 28 days within which to confirm the driver’s details. If the driver’s details are not provided within the 28 day limit, the registered keeper would face receiving 6 penalty points and a fine of up to £1000.

Comments are closed.