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Duty to give information
Page 104
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THE reputable vehicle operator will generally co-operate with the police in establishing who was driving one of their vehicles at a particular time but in any case the police have wide powers to demand information and often an offence is committed if such information is withheld.
Where a driver is alleged to have committed an offence against the Road Traffic Act the owner of the vehicle must (with minor exceptions) give such information as to the identity of the driver as is required by or on behalf of a Chief Officer of Police.
If the offence takes place in a Local Authority parking place, information must be given to the Local Authority (if asked for in writing) as well as to the Police.
Any person, including the driver, must also give such information as he can for this purpose. There is a maximum penalty of £50
for those offending against this section of the Road Traffic Regulation Act, 1967.
It is a defence for a person charged with this offence to show, to the satisfaction of the court, that he did not know and could not with reasonable diligence ascertain who was the driver.
When requiring information the police need not state the nature of the alleged offence; also, the owner cannot refuse to give the information until he has decided whether an offence has been committed. Patton v Leader (1949)2 AUER 747.
It is also the duty of the owner of a motor vehicle to give information to the police to show whether or not an insurance offence has been committed on each occasion the driver of the vehicle has been asked to produce his insurance documents; failure to comply, first offence £50 fine, second offence £50 fine and three months' imprisonment maximum.
Where a claim is made against the owner or user of a motor vehicle in respect of his liability for the death or injury to any person arising out of the use of that vehicle on a road, he must give particulars of his insurance when asked by the claimant or by someone on the claimant's behalf. To refuse or to give false. information is an offence carrying a maximum fine of £50.