I’m Not The Keeper – Do I Still Have To Name The Driver?

 

Question

I am not the keeper or owner of the vehicle in question. I have been sent a request for driver information and this seems to be because I am down as a named driver on the insurance policy for the vehicle. Am I able to go back to the police and tell them to redirect they queries to the owner/keeper rather than me?

Emma Says:

No. If you have been sent a notice then you have to deal with it. If you refuse to deal with it you will be charged with failing to name the driver and on the basis you have outlined you will not have a defence. The police are entitled to send these notices out to anybody that they want to.

There is a famous case where the notice was sent to a doctor who had no connection to the vehicle other than the police believe that the vehicle had been driven into the surgery car park. He refuse to engage with the process and was convicted of failing to provide driver information under section 172 road traffic act 1988.

There is nothing in the legislation that stipulates that the police can only send these notices to the owner/registered keeper. So even if you are not the keeper you may be asked who was driving. They can send them to anybody that they feel may hold information.

We have had cases in the past where they have sent notices out to each and every member of a large family and every single one of the family was charged with failing to name when they refuse to engage. They took this stance before speaking to us.

If you receive a notice you have to deal with it. You have to name the driver or provide information that is within your power to give that may lead to the identity of the driver. If you can’t name the driver and you are the day-to-day keeper of the vehicle then you have to prove that you’ve exercised reasonable diligence to ascertain who was driving at the time to defend yourself.



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