Section 172 of the Road Traffic Act, 1988, gives the police power to serve notice upon the registered keepers of vehicles, to whom the section applies, of a requirement to identify the driver at the time of an alleged offence.

What will happen if I fail to comply?

Failure to comply within 28 days of service of the requirement is itself an offence (subject to certain statutory defences) punishable by 6 penalty points and a fine.  However, a person shall not be ‘Guilty’ of this offence if he or she shows that he did not know and could not with reasonable diligence have ascertained who the driver was.

What is the penalty if convicted of failing to notify the identity of the driver?

The penalty is by way of a fine and the endorsement of 6 penalty points upon your licence. 

I have committed this offence and now have 12 or more penalty points on my driving licence. What should I do now?

You will be required to attend court with a view to disqualifying you from driving for at least 6 months.  If you need your licence and do not want to be disqualified you should consider whether such a disqualification would cause you ‘exceptional hardship’.  If you can prove that it would the court would possess a discretion not to ban you or to ban you for a lesser period.  If you need advice upon whether your circumstances could be regarded as causing ‘exceptional hardship’ you should obtain legal advice.

If you have received a notice and need help or advice don’t hesitate to contact us now  (insert contact form) or call 07988 310 115.

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