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Failing To Provide Driver Details In Scotland | Notice of Intended Prosecution

Received a Notice of Intended Prosecution- Failing To Provide Driver Details

This is a complex and serious area of law therefore we offer FREE online advice in relation to such cases. It is very easy to end up in jail charged with attempting to pervert the course of justice. Please don’t take advice from your mate down the pub who tells you just to “name the wife.”

If you are the registered keeper and you have received a notice of intended prosecution you do need to tell the police who was driving? Section 172 of The Road Traffic Act makes a pretty good job of ensuring that you do require to give the name of the driver. Get legal advice from a firm that is recommended to you or do some online research and seek out a specialist firm.

You are not expected to be super human and would not be expected to perform some miracle of memory for the police. This situation usually arises when you have received a Notice of Intention to Prosecute within 14 days of an alleged offence. You are REQUIRED to provide information to identify the driver.

What if I just say my wife or work colleague was driving?, I hear you ask…. DON’T!

This is called attempting to pervert the course of justice and people go to jail for it. EVEN 1st offenders.

But how would the police ever know? If you say someone else was driving the police are entitled to ask you for proof that, the person using your vehicle was insured to drive your vehicle. They may also have a photograph from the speed detection device that shows who was driving. If the photograph shows you, then you should be VERY concerned. If you want to read more about the “right of silence” point just check the leading case of
O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM.

Get a lawyer as soon as you believe you have been flashed or if have been stopped by the police, get advice early they may still be able to save your licence from points. In a perfectly legal way!

S172 procedure

What is it, what it means, how it affects you?

Offences requiring notification of prosecution.

Under Section 1 of the Road Traffic Offenders Act 1988 there are various road traffic offences which require the police to give you notice of the fact that you may be prosecuted. These offences include:

Dangerous Driving

  • Careless & Inconsiderate driving
  • Leaving a vehicle in a dangerous place
  • Dangerous cycling
  • Careless & Inconsiderate cycling
  • Failing to conform with the indication of a police officer when directing traffic
  • Failing to comply with a traffic sign
  • Exceeding temporary speed restrictions imposed by s 14 of the Road Traffic Regulation Act 1984
  • Exceeding speed restrictions on a special road
  • Exceeding temporary speed limit imposed by order
  • Speeding offences generally
  • Methods of notice of possible prosecution given.

As far as alerting persons to any alleged offence, notice can be given by different means. It can be done by way of a summons served on the offender within 14 days of commission of the offence or by a notice of intended prosecution (NIP). The NIP can either be given verbally at the time of the incident or in writing (i.e. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). Service of a notice at the last known address of the accused will suffice for good service. No notice is required if a full or provisional fixed penalty notice has been given or fixed (under the Provisions of the Road Traffic Offenders Act 1988) or if there is an accident involving the vehicle in question (of which the driver is aware).

Notice of Intended Prosecution

So what exactly is a written NIP? In essence it is a document that specifies the nature of the offence and the time and place it is alleged to have been committed. It requires the keeper to provide the police with the name of the person who was driving the vehicle at the time of the alleged motoring offence. Providing this information is a legal obligation under Section 172 of the Road Traffic Act 1988 (RTA). If the keeper is uncertain who was driving their vehicle they may still guilty of an offence unless they either provide the name of the driver or a list of possible drivers. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. Certain exceptions do apply however where it can be shown that the keeper did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was (S172.4).

NIP and Limited Companies

A NIP (Notice of Intended Prosecution) can also be issued to limited companies and the requirement of disclosure is is also obligatory. The Road Traffic Act 1991 Section 21 (2) requires the keeper of the vehicle to identify the driver. Subsection (3) makes it an offence for the keeper to fail to comply. Subsection (4) provides a defence if the Keeper shows that he did not know who the driver was and could not have found out by using “reasonable diligence”. However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. This is an onerous test to pass as it is generally fairly easy for a company to have a system in place which identifies the driver of a company vehicle at any given time, for example a log book kept in the vehicle which allows any drivers to enter the details of his or her journey. If the company did have such a system but it didn’t work on a particular occasion that might suffice as a defence.

Management Personal Responsibility

As far as management responsibility is concerned subsection (5) of the act says that where a director or senior manager of the company caused or connived with the failure to identify the driver, that person is also guilty. Most contraventions involving company vehicles result in the company being fined however there are instances where directors can also have points endorsed on their licence. In relation to s172, in general most police forces prosecute the company and not the Directors for failing to identify the driver as this leads to a conviction and fine without any effort. Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence).

General Speeding Penalties

As far as penalties for general speeding are concerned, if a guilty plea is submitted early on there is normally a fixed penalty of 3 points and a £60 fine. Fines on conviction are worked out in terms of your weekly wage after tax and national insurance. Depending on the severity of the speeding offence these fines can range from 25 to 175% of your net wage and are subject to a maximum fine of £1,000 if the offence is committed on roads other than a motorway and £2,500 if the offence occurs on a motorway. Points on conviction range from 3-6 while disqualification periods range from zero up to 56 days. Compulsory re-testing is another penalty the courts can impose in certain cases. In particular circumstances, driving at speeds lower than the legal limit may also result in prosecution for other offences, for example dangerous driving or driving without due care and attention when the speed is inappropriate and inherently unsafe.

Right to Silence

In relation to the controversial right to silence argument, the ECHR verdict in (ohalloran and francis) enable the British Government to continue to force motorists to incriminate themselves using S172 of the Road Traffic Act, which is almost always the only evidence of the driver’s identity in speed camera cases.

Graham Walker

Graham Walker

Road Traffic Lawyer at RoadTrafficLaw.com
Road Traffic Lawyer: Graham Walker LLb,DipLP,NP

30 Years practising as a Criminal lawyer in Scotland. Specialising in road traffic law. Whatever the road traffic law problem is we are sure that we can help you. It may be about speed cameras, Speeding fines, penalty points. Call 0800 612 9597.
Graham Walker
Graham Walker
Graham Walker