Failure to identify the driver

Road Traffic Act 1988 Section 172: Failure to identify the driver

Where the driver of a vehicle is alleged to be guilty of an offence the keeper of the vehicle must 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 give any information which it is in his power to give and may lead to identification of the driver.

The registered keeper of a vehicle has a requirement to identify the person driving their car at the time an alleged offence.

The penalty for failing to identify the driver is penalty points and a fine.

This is now a common problem if you have access to a fleet vehicle.If you are the owner you are responsible for knowing who is driving the vehicle at a particular time and place.If you don’t know then you are guilty of Failure to identify the driver. The big employers who are limited and the vehicles are in the name of a company can be fined but being limited can not have penalty points imposed.

Another difficulty that can arise is that the police do not speak to you about an incident until sometime later.An example would be dangerous driving where there has been no collision. The police may speak to you several months later asked for the identity of a driver if you can’t identify the driver you will be charged with failing to identify the driver.

How We Can Help

A client was recently acquitted after trial at Annan JP Court when the Crown failed to prove that he had received any correspondence from the police requesting the identity of the driver. Read more here.