naming the driver
have you received a section 172 notice?
There is a legal requirement to identify, for the police, the
name of the person driving the vehicle when it is alleged that a
road traffic offence has been committed. When they do this
the recipient has 28 days to respond.
The police only have to write to the vehicle’s registered keeper
within 14 days of the offence, warning of prosecution. If you
are the registered keeper then you must respond. If you were
the driver, but someone else owns the car, then it may take some
time before you get something through the post.
Also, you cannot hide behind the Human Rights Act. It is
entirely your choice not to incriminate yourself, but that will not
prevent the police from prosecuting you for failing to respond. So
far, the domestic courts have held that your right not to
incriminate yourself is outweighed by the rights of the wider
public to be protected from speeding motorists. Therefore, it is
currently not a defence to an offence of failing to name the
driver, to say that you had a right not to respond. This point has
now been taken to the European Court which has ruled that it is not
an infringement of a person's human rights.
That said, the police don’t always get it right and we have
secured acquittals where errors have occurred. It is important to
seek advice as soon as you receive a police request.
penalties
The penalty for failing to respond is a maximum fine of £1,000;
six penalty points or a driving disqualification.
case studies
failing to provide details of a speeding driver
Barry Culshaw was consulted by K with regard to an allegation
that he had failed to identify details of a speeding driver
contrary to Section 172(3) of the Road Traffic Act 1988. The
prosecution had been brought by Hampshire Constabulary and came
before a District Judge for trial at Southampton Magistrates Court
on 2 June 2009. Mr Culshaw statemented witnesses to support K's
contention that due to problems with the post he had not received
the request for driver details. The District Judge accepted the
evidence and dismissed the case finding K not guilty.
Please click here to view other naming the driver case
studies.