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Failure to Furnish Driver Details and MS90 Convictions

An MS90 conviction is applied if you, as the registered keeper of the vehicle, fail to provide details of the driver at the time of an alleged road traffic offence.

Prior to an MS90 conviction, you may have received Notice of Intended Prosecution from the police requesting details of the driver at the time of the offence.

It’s common these days, with so many traffic cameras in use for the police to have no idea who was driving the vehicle at the time of the offence. If this is the case, you will be sent a Notice of Intended Prosecution and you will have to supply full details of the driver.

Failing to do this can invite a MS90 conviction which can often incur harsher penalties than the offence itself.

Most commonly a driver may receive a MS90 conviction if he or she:

 

  • Does not reply within 28 days
  • Does reply but doesn’t identify the driver

Often the reason for not replying may be as innocent as a change of address or a change of registered keeper of the vehicle.In such cases we are normally able to have the conviction quashed although the original driving offence for which it was issued would be resurrected. If you have been charged with a failure to furnish identification of the driver then please call our export driving offence team today.
 

What is failing to furnish identification?

Failing to furnish the identification of the driver of an alleged motoring offence comes under Section 172 of the Road Traffic Act and falls into two main groups:

  • Failing to furnish the information at all
  • Failing to provide sufficient details of the driver

If you have changed address you may not even be aware of the Notice or even the MS90 conviction if you have moved from the registered address.

Convicted of an MS90 Offence?

In the case of accidental non-furnishing of driver details we can often overturn the MS90 conviction and return the court's attention to the original traffic offence.

If you are pleading guilty to a MS90 conviction we may be able to convince the courts to allow you to plead guilty to the original road traffic offence rather than the failure to furnish offence.
We have an expert team of driving offence lawyers who can listen to your case and advise you on the best way to proceed.


Penalty for an MS90 conviction (Sentencing Guidelines)

Failure to provide driver information is serious and fines are large.
For individuals - the penalty for an MS90 offence is a fine of up to £1,000 and either six penalty points or a disqualification. 

For a company - 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 driver details. Again, a fine of up to £1000 would apply but there would be no penalty points

Appealing an MS90 conviction

A number of defences may be available for an MS90 appeal: 

 

  • Any notice or notices were never received
  • No alleged traffic offence in the first place
  • The notice of intended prosecution sent to the registered keeper was not served within the required period of 14 days.
  • The notices were incorrectly addressed to the recipient

If any of these apply to you then we have a good chance of having the MS90 quashed. However, your case will need to constructed carefully to avoid and trip steps.

Special Reasons and Exceptional Hardship

If applicable, we may be able to argue special reasons in your case or exceptional hardship.
If your points are ‘totting up’ you could face a driving disqualification and in this case it’s vital you seek legal help of you risk losing your licence for something as innocent as having moved address.

 

False driver details for an MS90 conviction

If you were the driver of the vehicle at the time of the alleged offence then providing any other details is a serious offence. If there is any suspicion of an attempt to provide false information, the punishment may be a lot more severe and perverting the course of justice can often involve a prison sentence.
Here at Lanyon Bowdler, we understand the temptation to provide the details of another driver, especially if you are totting up points towards or over the 12-point limit. However, we can normally help without you having to resort to this measure and risking a charge of perverting the course of justice.

If you have received a Notice of Intended Prosecution or an MS90 under Section 172 of the Road Traffic Act please call the traffic offence team at Lanyon Bowdler on the number at the top of this page or complete our enquiry form and one of our team will be in touch promptly.

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