Failing to give information as to the identity of driver
Produced in partnership with 18 Red Lion Court
Failing to give information as to the identity of driver

The following Corporate Crime guidance note Produced in partnership with 18 Red Lion Court provides comprehensive and up to date legal information covering:

  • Failing to give information as to the identity of driver
  • The offence of failing to identify driver
  • Elements of the offence of failing to identify the driver
  • Procedure
  • Defences to failing to provide information required
  • Sentence for failing to identify the driver

The offence of failing to identify driver

Registered owners and drivers of vehicles are required, under certain circumstances, to provide information as to the driver of a vehicle.

Section 172(2) of the Road Traffic Act 1988 (RTA 1988) imposes a duty on the registered keeper of a vehicle, as well as any other person if so required, to furnish information as to the identity of the driver or provide information that is within his power to give and may lead to the identification of the driver where an road traffic offence as allegedly been committed.

This is a summary only matter which can only be tried in the magistrates’ court.

Elements of the offence of failing to identify the driver

A person is guilty of an offence if

  1. an offence to which RTA 1988, s 172 applies is alleged to have been committed, and

  2. the person keeping the vehicle involved in the offence is requested to provide information as to the identity of the driver, or

  3. any other person required to give information that is in his power to give that may lead to the identification of the driver, and

  4. the required information is not provided.

Meaning of ‘offence has been committed’

The offence committed that triggers the section 172 notice extends to most offences under RTA 1988, other enactments relating