Section 232 Duty to give information as to identity of driver, &c., in certain cases.

England, Wales and Scotland

(1)

This section applies—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

F2(b)

to any offence under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995;

c)—(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

F4(f)

to any offence under Part VI of the M1 Transport Act 1968

(2)

Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a)

the F5person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give—

(i)

by or on behalf of a chief officer of police,

(ii)

. . . F6

and

(b)

any other person shall if required as aforesaid give any information which it is in his power to give and may lead to the identification of the driver.

F7...

C1(3)

A person who fails to comply with the requirement of paragraph (a) of the last foregoing subsection shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle . . . F8, was, and a person who fails to comply with the requirement of paragraph (b) of that subsection shall be guilty of an offence; and a person guilty of an offence under this subsection shall be liable on summary conviction F9to a fine not exceeding F10level 3 on the standard scale.

Annotations

Textual amendments

F1: S. 232(1)(a) repealed by Public Passenger Vehicles Act 1981 (c. 14), s. 88(1), Sch. 8
F2: S. 232(1)(b) substituted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 1 (with s. 54, 55); S.I. 1995/2181, art. 2
F3: S. 232(1)(c)—(e) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I
F4: S. 232(1)(f) added by Transport Act 1968 (c. 73), Sch. 11
F5: Words substituted by Vehicle and Driving Licences Act 1969 (c. 27), Sch. 2 para. 8
F6: S. 232(a)(ii) repealed by Road Traffic Regulation Act 1967 (c. 76), s. 110(2), Sch. 7
F7: Words in s. 232(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
F8: Words repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I
F9: Words substituted by Road Traffic Act 1962 (c. 59), Sch. 1 Pt. III and continues to have effect (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 2 para. 7
F10: Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and continues to have effect (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 2 para. 7; words substituted (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Marginal citations

M1: 1968 c. 73.

Modifications

C1: S. 232(3) amended by Transport Act 1980 (c. 34). s. 42(1)(2)(b)(iii)