When a vehicle is alleged to have committed a road traffic offence but is not stopped at the time the registered keeper must be issued with a 'Notice of Intended Prosecution' within 14 days. This notice will require the keeper to assist in identifying the driver of the vehicle at the relevant time. Failure to provide this information may result in a prosecution for failing to furnish information pursuant to section 172 of the Road Traffic Act 1988.

The law in this area is complex and the obligations imposed vary depending upon whether a person was the ‘keeper’or ‘other than the keeper’ of the vehicle at the relevant time. This is not necessarily the same as being the ‘registered keeper’.

For the above reasons, if you have received a Notice of Intended Prosecution we advise that you contact us immediately.

If you do not know who the driver was at the relevant time you may have a defence if you can establish that you acted with "reasonable diligence" to ascertain who the driver was. This will often involve, at the very least, requesting a copy of the photographs to assist in identifying the driver.

If you are the owner of a company the rules are stricter and there is an obligation to keep a log of who is driving a company vehicle at any particular time.

Punishment

A fine and 6 penalty points