Failure to Provide Driver Details (MS90 Conviction)

If you own or drive a vehicle said to have committed a motoring offence, the police, under Section 172 of the Road Traffic Act 1988, can request details of who was driving a vehicle on a given day or time.

If the police think that the driver of a vehicle is committing an offence they will send out a notice to the registered keeper or suspected driver. That notice is known as a section 172 notice or a requirement to provide details of the driver. Usually the most common time for one of these requests is a speeding offence caught on camera, but the police do request them out for other offences such as using a mobile phone, and when stopped by police at the roadside giving false information or for drivers who refused to stop.

It is an offence under section 172 Road Traffic Act 1988 not to reply to the notice. The police may prosecute any person who was sent a notice if they:

  • Do not reply within 28 days
  • Do reply but don’t identify the driver

If the vehicle is owned by a company and the driver details are not provided by the business the company directors may be required to provide the details.

In most cases the guidelines for failure to provide driver details will be six penalty points on a licence and a fine of up to £1000, in the case of a company there are no penalty points.  If it is thought there is an attempt to provide false information the punishment may be more severe. Perverting the course of justice involves the risk of a prison sentence. Failing to provide driver details can be complex and we would always recommend taking professional legal advice and representation before replying.

How we can help

Whether you are individual, company or company director, If you have been charged with failing to provide driver details we can help. Our knowledge and expertise will ensure we reach the best possible outcome for you.

Brian Koffman & Co are specialist motoring offence solicitors and have years of experience in handling cases like these.

Contact us today

If you have been charged with any type of motoring offence you will need the knowledge, expertise and support of a solicitor who understands, we can help. Please contact Brian Koffman & Co on 0161 832 3852 or submit an enquiry and we will call you back.