If a registered keeper of a vehicle is required by police officers to provide the details of the driver of a vehicle at the time of an alleged road traffic incident, they are legally obliged to provide those details. Failure to do so will constitute an offence. This offence carries a penalty of 6 points on your licence and a fine. It is also at the courts discretion to disqualify you from driving.
This will commonly take place where the Vehicle has been identified as being involved in a road traffic incident or violation but the driver is unknown (for example speeding detected on a speed camera).
NOTICE OF INTENDED PROSECUTION (S.172 Notice)
Normally what will happen is a notice will be sent to the registered keeper of the vehicle in question asking them to identify the driver of the vehicle at the time and place of the incident. Such a notice must be sent to you within 14 days of the date of the alleged offence. You will have 28 days to reply to this notice identifying the driver. If you fail to do this you will most likely be charged with failing to provide the driver details.
S.172 REQUIREMENT
The situation may also arise whereby two uniformed police officers come to your office or home and make what is known as a S.172 requirement. This is essentially a verbal form of the Notice of Intended Prosecution. Again you are under a legal obligation to identify the driver of the vehicle at the relevant time.
REASONABLE DILIGENCE
In many situations it will have been either yourself or a family member or friend using the vehicle, who you can easily identify. However, that is not always the case. If the vehicle is used by a number of persons it may not be possible to establish who drove the vehicle at the relevant time. If you are unable to identify the driver you will require to prove that you have used all reasonable diligence to identify the driver. Again the onus will be on the defence to establish this.
WE WOULD THEREFORE ADVISE THAT IF YOU FIND YOURSELF IN RECEIPT OF A NOTICE OF INTENDED PROSECUTION AND ARE UNABLE TO IDENTIFY THE DRIVER YOU SEEK SPECIALIST ADVICE IMMEDIATELY TO DECIDE ON THE BEST WAY TO PROCEED.