Failure to identify the driver
- 0141 423 7389
- euanrobertsonsolicitors@gmail.com
- The Wedge, 1066 Barrhead Rd, Glasgow G53 5AB, United Kingdom
- Mon – Fri: 09:00am – 17:00pm
The Traffic Commissioner has the power to alter, suspend or revoke the licence of either an operator or a driver.
You will receive a statement of facts that the Traffic Commissioner will base the proceedings upon.
If you are a driver are caught committing an offence for example using a mobile phone while driving an HGV or a PSV you will be facing the real prospect of a period of suspension of your licence no matter what the criminal courts do. We can represent you in front of the Traffic Commissioner to get you the best possible result.
An Operator has a duty to ensure and prove that all safety checks are done, the vehicle is road worthy and that all the regulations are being adhered to. Failure to do this may result in the loss of the operators’ licence, which can have a devastating affect on the business.
We can provide representation in front of the Traffic Commissioner to endeavour to obtain the best result possible for both PSV and HGV operators.
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.
A client was 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.
What is failure to identify the driver?
It occurs when the registered vehicle owner fails to disclose who was driving during an alleged offence.
What are the penalties for failing to identify the driver?
Penalties include 6 penalty points and a fine of up to £1,000
Can I challenge a penalty for failure to identify the driver?
Yes, if you can show reasonable diligence in attempting to identify the driver.
What happens if I don’t know who was driving?
You must demonstrate you took all reasonable steps to determine the driver’s identity.
Does failing to identify the driver lead to disqualification?
Yes, particularly if you accumulate 12 points or more on your licence.
Can I identify someone else as the driver?
You must provide accurate information; false claims are a criminal offence
How do police prove failure to identify the driver?
By showing the owner failed to respond to a lawful request for information.
Does this offence appear on your driving record?
Yes, it is recorded and may affect insurance premiums.
What is the time limit for responding to a driver identification request?
You typically have 28 days to respond.
Can I face imprisonment for this offence?
No, but it carries severe financial and licensing penalties.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.
