s 172 RTA - Identification of Driver
Failure to Furnish Information

Service of a notice under section 172 of the Road Traffic Act 1988 is obviously now a very commonplace occurrence: the police have a right to serve a notice upon the keeper of the vehicle in which the offence was allegedly commissioned requesting information as to who was driving at the time of the offence. This obviously forms a critical part of the prosecution evidence - they must establish who was driving the vehicle at the time (for example) the speeding offence was committed.

It is an offence for a keeper not to complete this notice and return it naming the driver.

However, as the keeper, following proper enquiry, the keeper may not be able to identify the driver. This can form a defence but is obviously not simple to successfully present: Magistrates require a set of conditions to be fulfilled to a high standard before they will allow this defence. It is accordingly far from enough to simply 'turn up' to court and say 'I don't know who was driving'.

Alternatively, the form may never have reached the keeper or the keeper's response may have gone astray. Again, this relies upon a technical interpretation of the legislation and presentation of evidence together with appropriate submissions to the Court.

Clients may insist that the vehicle was not in the location alleged by the police at the time of the alleged offence, in which case it is not appropriate to simply plead guilty, assuming that there is sufficient evidence to support such a defence.

There are, of course, other more technical procedural arguments which can be raised, depending upon the circumstances, particularly given the poor manner of preparation by the Crown Prosecution Service in relation to many such matters.

However, this is no longer a relatively low risk offence as far as a client's licence is concerned given a failure to furnish the relevant information attracts a 6 point endorsement.

PENALTY

6 Points, Band C fine, possible disqualification.