Fail to Identify Driver
Failing to identify the driver of a vehicle is a criminal offence when requested by the police or another authorised person. These cases usually occur when a notification of an intended prosecution are sent to the registered keeper of a vehicle. Asking them to identify the driver of the vehicle at a particular time and place resulting from an offence. However, you may be requested to identify the driver if your vehicle has been involved in an accident which caused a personal injury. Or damage to someone else’s property. You are expected to take all reasonable steps to identify who is driving your vehicle. The law specifically says:
- If a driver of a vehicle is alleged to have committed a motoring offence, a notice of intended prosecution (NIP) is sent to the registered keeper of the vehicle
- The registered keeper is then responsible by law to provide details to identify the offending driver
- Failure to do so will result in the registered keeper being prosecuted
Are There Any Defences?
There are a number of possible defences you can use if you are faced with this particular motoring offence. You will need to:
- Prove you do not know who the driver is
- Prove that you cannot identify who the driver is, even though you have taken all reasonable steps
- Provide the information you have as soon as you possibly can
Without proving any of the above defences, you will be charged with failure to identify the driver.
What are the penalties?
If you are convicted of failing to identify the driver of a vehicle:
- A maximum fine of £1,000
- 6 penalty points on your driving licence
- If you are a new driver and you are convicted of failing to identify, you will have your licence revoked and you will have to take your test again
- If you already have a number of penalty points on your driving licence, this offence may take you over the maximum of 12 points, under the totting up rules. This may mean a driving ban for a minimum of 6 months
A simple, “err not sure who was driving but it wasn’t me”. This will not suffice in a court of law and you will be prosecuted for failing to identify the driver. Don’t be naive and get expert advice from Ahsmans Specialist Motor Solicitors
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