Failing to Provide Driver Information

It is vital that the police can obtain the information of a driver when requested to ensure that roads remain safe and that offenders can be prosecuted where necessary. When the police become aware of a road accident or driving offence, they will contact the registered keeper of the involved vehicle to ask them to provide the details of the driver at the time of the incident.

The law which states that driver information must be provided to the police when requested is set out in the Road Traffic Act 1988. The legislation sets out the legal obligation of registered vehicle owners to provide driver information to the police at the time of any alleged offence and whenever requested. There is also a legal obligation for other persons to provide the information if the police request it from them and they are not the registered keeper of the vehicle involved in the incident.

The following article provides further information on the offence of failing to provide driver information to the police when requested. The article considers why driver information is so important, the contents of legislation relating to the offence, potential defences and likely penalties.

The Road Traffic Act 1988

The Road Traffic Act 1988 sets out the legal obligation for registered keepers of vehicles to provide the police with driver information whenever it is requested. The information must be provided irrespective of whether the police have served a Notice of Intended Prosecution within 14 days of the offence or not.

Once a request for driver information has been received, the registered keeper has a statutory time limit of 28 days to provide the details. If the registered keep fails to provide driver information, they may be summoned to court to provide details and could face a penalty.

Companies and businesses are also legally obliged to maintain a record of driver details for any company vehicles. The Road Traffic Act 1988 makes it a legal duty for companies to keep records of who was driving which vehicles at which times and they must give this information to the police if a request is made.

If a business is found guilty of failing to provide driver information when requested, and there was a driving offence that was found to be the result of negligence, the driver and the company can be both held liable. This may result in both the driver and the employer receiving a penalty including fines, penalty points and possible imprisonment for serious offences.

Penalties for Failing to Provide Driver Information

If a person is convicted for failing to provide driver information, they can expect a severe penalty as the law treats this offence very seriously. A conviction for failing to provide driver information can lead to a fine of up to £1,000 as well as 6 penalty points on the driver's license. The police might also choose to continue with the initial alleged offence by assuming that the registered keeper was also the driver of the vehicle at the time of the incident.

Registered keepers will not be able to avoid penalties by suggesting that they did not receive a request for driver information as failing to provide driver information is a strict liability offence.

What if the registered keeper no longer owns the vehicle?

The law demands that the registered keeper of a vehicle has a duty to update the DVLA with any changes to ownership as well as changes to personal contact information. This means that if the owner sells the vehicle or if they move address, they are legally obliged to inform the DVLA with updated information.

Are there any defences to an offence of failing to provide driver information?

In some cases, it may be possible to defend the offence of failing to provide driver information. This includes to following:

The registered keeper of the vehicle has not been able to provide driver information to the police, but they have made every attempt to identify who was driving the vehicle at the time of the incident. The registered keeper must provide evidence to the police to demonstrate what they have done to try to identify who was driving. This defence is only available to private drivers and companies are not entitled to use it in most instances, The only time that a business could use this defence is if they could demonstrate that there were justifiable reasons for them not having kept a record of drivers of vehicles at specific times.

The second possible statutory defence for failing to provide driver information is if the registered keeper can give a reasonable reason for not having responded to the request within the 28 day limit, or as soon as is practically possible after the 28 days has lapsed. This defence may be acceptable in instances such as the notice not having been delivered properly. However, it must be reiterated that the registered keeper has a legal duty to update the DVLA with a change of address and if this has not been done and is the reason for the notice not being received, this defence will not stand.