Q&As

Is an offence committed under section 172 of the Road Traffic Act 1988 if, when requested to provide information which may lead to the identification of the driver where a road traffic offence has allegedly been committed, the registered keeper of a vehicle genuinely does not know the identity of the person driving at the relevant time?

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Published on LexisPSL on 27/03/2018

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Is an offence committed under section 172 of the Road Traffic Act 1988 if, when requested to provide information which may lead to the identification of the driver where a road traffic offence has allegedly been committed, the registered keeper of a vehicle genuinely does not know the identity of the person driving at the relevant time?
  • Information as to the identity of driver
  • Defence to the offence under RTA 1988, s 172

Is an offence committed under section 172 of the Road Traffic Act 1988 if, when requested to provide information which may lead to the identification of the driver where a road traffic offence has allegedly been committed, the registered keeper of a vehicle genuinely does not know the identity of the person driving at the relevant time?

Information as to the identity of driver

Section 172 of the Road Traffic Act 1988 (RTA 1988) places a duty on the registered keeper of a vehicle to provide information as to the identity of the driver as they may be required to give by or on behalf of a chief officer of police where the driver of a vehicle is alleged to be guilty of an offence under RTA 1988 (apart from an offence falling in RTA 1988, s 172(1)).

The obligation to provide information is mandatory. Contravention of RTA 1988, s 172 constitutes a summary only offence for which the defendant can be fined up to £1,000, be disqualified or have their licence endorsed with six penalty points.

For more information on the offence contained in RTA 1988, s 172, see Commentary: Duty to provide information: Blackstone's Criminal Practice [C2.12] and Keeper of motor vehicle failing to give information as to the identity of driver in given circumstances: Butterworths Road Traffic Service [1.1].

Defence to the offence under RTA 1988,

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