[MS90] Failure to Furnish Driver Identity: How do you deal with it?

Are you wondering what an MS90 endorsement code is? Have you been convicted of this offence, and don't know what to do next?

This is a serious offence with a potentially substantial penalty. Your next steps will depend on the driving offence that led to your conviction, and whether you wish to appeal. 

In any case, you can phone me at 0151 601 3743 for a free initial consultation. I can present your legal options and evaluate your chances of success if you choose to appeal.

Content Overview

What is MS90?

Is MS90 a criminal offence?

What is the penalty for MS90 conviction?

Providing False Driver Details

How long do the MS90 penalty points stay on your driving licence?

How to appeal an MS90 conviction

The introduction of new technology has changed the way police work. Cameras are now used extensively to enforce traffic laws. If your vehicle was caught on camera for a motoring offence, the police need to know who was driving the vehicle at the time of the alleged offence.

If you are the registered keeper of the vehicle (or are nominated by the registered keeper as a possible driver), you will be sent a Notice of Intended Prosecution (NIP) for offences like speeding, failing to conform with a traffic signal, careless driving, or using a mobile phone whilst driving. In response to the notice, you will need to provide full details about the driver at the time of the alleged offence. If you do not provide the driver's identity within 28 days, it can lead to an MS90 conviction - also known as "Failure to give information as to the identity of the driver".

No. Failure to give the driver's identity is not a criminal offence. As such, it is not included in the police database of criminal records. You cannot be imprisoned for this motoring offence.

If you are convicted of this offence, the potential penalties could be more severe than the penalty for the offence stated in the notice of intended prosecution.

If the vehicle caught on camera is owned by a limited company, the maximum fine is £1,000 but without penalty points.

For individuals convicted of MS90, the fine can go as high as £1,000 plus either a driving ban (depending on the number of points you already have) or six penalty points.

There are two possible defences in this case:

• You provided the information late, but it was reasonable to be late
• You could not identify the driver, despite having taken all reasonable steps to do so.  

Some people may be tempted to provide a different name, in spite of being the driver at the time of the alleged offence - especially those at risk of a totting up ban. Providing false driver details is a serious offence and can lead to you being charged with perverting the course of justice.

An MS90 conviction will get you six penalty points, which will stay on your licence for four years from the date of the offence. Reaching 12 or more points on your licence within 3 years can get you banned from driving for 6 months.

Here are some potential grounds to appeal an MS90 conviction:

• there was no alleged traffic offence that merits a NIP;
• you never received the notice of intended prosecution; subject to you having updated DVLA as to your address and arrangements you had in place for mail to be monitored if you are away
• you provided a correctly completed NIP but it was reasonable for you to be late in replying;
• you were unable to identify the driver despite making all reasonable enquiries as to who it might be;
• the alleged car that was caught on camera is not yours.

One common experience among those convicted of an MS90 offence is when there has been a change in the registered keeper of the vehicle. If this happened to you, contact your local Magistrate's Court within 21 days, stating that you were unaware of the proceedings against you.

You may call me at 0151 601 3743 for a free initial consultation and we can discuss the possibility of having the conviction set aside. If you were the driver at the time of the alleged offence for which the MS90 was issued, the prosecution may still proceed with this case against you but rely on a substantive offence (e.g. speeding) instead of the MS90 offence. You can prepare yourself with the best course of action by having a specialist driving solicitor by your side.

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