Failure To Provide Driver Information

Q: What does failure to provide driver information mean?

Under section 172 of the Road Traffic Act 1988 , the police require the registered keeper, or any other person, to identify a driver involved in a motoring offence. Failing or refusing to do this is a criminal offence.

Q: What are the penalties for failing to provide driver information?

Up to 6 points on your driving licence, and a fine of up to £1,000. If you’re a new driver, 6 penalty points means you’ll lose your driving licence immediately. If you’re an experienced driver, twelve points over 3 years will also mean you’ll lose your licence.

In the event of a motoring offence, you must give the driver’s details to the police – whether it was you or someone else driving. If you’ve been charged with failing to provide information, there may be something we can do to help.

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What do I need to do if I’m stopped by the police?

For some motoring offences there’s a requirement for the police to issue a warning for an intended prosecution. This includes offences such as speeding, failing to comply with a traffic sign and driving without due care and attention.

If you’ve been stopped by the police, then you must be warned in clear terms that you could face a driving prosecution. If you aren’t warned at the time, or if the police didn’t stop you, then the police must serve a Notice of Intended Prosecution and Section 172 Request for driver information upon the registered keeper of the vehicle within 14 days of the alleged offence.

If someone else commits a crime in your car, you must give the police their details – if you know them.

Failing to do this is a serious offence. It can get you six points on your licence and a £1,000 fine.

The police also have a duty to you. With some motoring offences (like speeding, failing to comply with a traffic sign, and driving without due care and attention), they must warn you about an intended prosecution.

If you weren’t stopped or warned at the time, the police must serve:

Notice of Intended Prosecution
Section 172 Request for driver information

To the registered keeper of the car within 14 days. They can then order for a Fixed Penalty Notice or charge to be served.

If you’re the registered keeper and don’t respond within the 28 days, you’ll be charged with failing to provide driver information.

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Loren Hills

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Loren Hills

Associate Chartered Legal Executive

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Frequently Asked Questions

What does failure to provide driver information mean?

Under section 172 of the Road Traffic Act 1988, the police require the registered keeper, or any other person, to identify a driver involved in a motoring offence. Failing or refusing to do this is a criminal offence.

What should I do if I’m accused of failing to provide driver information?

If you’re accused of failing to provide driver information, you’ll either receive a Fixed Penalty Notice, or court proceedings will be started against you. The first step is to contact a lawyer to advise you on what (and what not) to do. You shouldn’t:

Claim you didn’t receive the NIP if you did
Name someone else as a driver when you know they were not
Name someone else as a driver because they live abroad, and you think they’ll escape penalty points as they don’t have a UK licence.

These are classed as ‘perverting the course of justice’ and can result in prison time.

What are the penalties for failing to provide driver information?

I don’t know who was driving the vehicle at the time, do I have a defence?

If you can prove you truly didn’t know or did give the information as soon as reasonably possible, you will have a defence.

But you are expected to exercise ‘reasonable diligence’. That means if you’re asked to identify a driver, you’ll need to look into anyone who could have been the driver – that means checking your vehicle records, diaries, receipts, phone records, etc. – or asking people you suspect may have used or taken your car.

Is it worth getting legal advice for failing to provide information?

This can be a really complicated scenario, and you might have valuable or genuine excuses working for you.

Have you been away from home for a long period of time? Did you reply to the police within the required timeframe? Or you did not get a request for driver information in the first place? These are all defences, and we can help you gather the correct evidence.

We can also help defend against severe sentencing – arguing for 3 points on your license instead of 6, for example.

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