For information that must be provided after an accident see our Accidents page
Where a driver of a vehicle is alleged to be guilty of an offence to which s.172 applies:
• 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; and
• any other person shall if required as stated above give any information which is in his power to give and which may lead to the identity of the driver.
This provision is often used to identify drivers caught by speed cameras. A registered keeper can no longer refuse to identify himself as the driver in response to a s.172 request on the grounds of self incrimination and Article 6 ECHR. Deliberately supplying false information may amount to obstructing the police or an attempt to pervert the course of justice which on conviction could lead to a prison sentence.
The police usually write to the registered keeper requesting the identity of the driver and asking for a written response. If so the response must be in writing.
It can be a defence to a prosecution under s.172 for the accused to show that "he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was". However, the penalty for failing to inform the police as to who was driving the vehicle is 6 penalty points.
In certain circumstances directors or employees of a company can be prosecuted for failing to deal correctly with a request for information served on the company as registered keeper.
There are specific requirements relating to the disclosure of the name and address of a driver who has alleged to have committed the offences of either Dangerous or Careless Driving.
Document Production
See s.165 and s.170 Road Traffic Act 1988. For information on s.170 see our Accidents page.
Under s.165 the police and in certain cases a vehicle examiner also have the right to ask the following for his name and address and the name and address of the owner of the vehicle as well as asking for production of the relevant insurance and MOT certificates:
• a person driving a motor vehicle on a road; or
• a person whom a constable (or vehicle examiner) has reasonable cause to believe to have been the driver of a motor vehicle........at a time when an accident occurred on a road or other public place; or
• a person whom a constable (or vehicle examiner) has reasonable cause to believe to have committed an offence in relation to the use on the road of a motor vehicle.
Many motoring offences attract penalty points in addition to a fine. The range of penalty points that can be imposed varies with the offence. Some common examples are given below:
|
Code |
Court |
Penalty Pts |
|
AC 10 |
Failing to stop after and accident |
5 -10 |
|
AC20 |
Failing to report and accident |
5-10 |
|
CD10 |
Careless Driving |
3-9 |
|
CU 10 |
Using a vehicle with defective brakes |
3 |
|
CU30 |
Using A vehicle with defective tyre(s) |
3 |
|
DD40 |
Dangerous Driving |
3-11 |
|
DR10 |
Driving or attempting to drive with alcohol concentration above the limit |
3-11 |
|
LC20 |
Driving otherwise than in accordance with a licence |
3-6 |
|
MS50 |
Motor racing on the highway |
3-11 |
|
MS90 |
Failing to give information as to the identity of the driver etc |
6 |
The comments above are general and should not be taken as a definitive statement of the law or procedure. Expert advise should always be sought on this area. We have not attempted to cover all the factors that may be relevant where an offence is alleged to have been committed.
Failure to give information as to the identity of a driver can be an offence.