If a motor vehicle of which you are the registered keeper of commits an offence but you were not stopped at the time by the police, within 14 days of that alleged motoring offence, you should receive a Notice of Intended Prosecution (NIP). This area of the law is governed by section 172 of the Road Traffic Act 1988.
A NIP will be issued to the registered keeper if the police failed to stop the vehicle at the time of the alleged offence. As a consequence, the driver of the vehicle will not have been identified. You are required by law to identify the driver of the vehicle. If you are unable, or unwilling to do so then you will be summonsed for failing to furnish information.
Defences for failing to provide information
One defence for failing to furnish driver details is showing ‘reasonable diligence’. You must prove that you went to all reasonable efforts to determine who was driving the vehicle at the time of the offence but have been unable to do so. Other defences include not receiving the NIP from the police and not being the registered keeper.
What are the punishments?
The punishment for failing to furnish information is a fine of up to £1000 and 6 penalty points.
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