MS90 Driving Offence Explained

MS90 Driving Offence Explained

After a driving offence is committed involving your vehicle, you will be required to provide details about who was driving it at the time. If you fail to do this, you will be charged with an ‘MS90 failure to give information as to the identity of a driver’ offence. Due to its long title, this is usually abbreviated to an 'MS90' conviction. MS90 is an endorsement code that is used to offer more detail about driving offences you have committed on your driving record. They are usually accompanied by points on your driving licence.

We have compiled the key points about the MS90 conviction into this guide so that you can understand and avoid receiving an endorsement on your driving record. Read on to learn about what your responsibilities are following an incident involving your vehicle and what you can expect if you do or do not meet them.

What Happens Following an Offence Involving My Vehicle?

Regardless of whether or not you are in your vehicle or driving it when an offence is committed, you will be involved in the legal process if you are named as the vehicle’s owner in the relevant car insurance policy and are the registered owner of the vehicle or your details are on the lease contract.

When an offence is committed in the vehicle, you will be required to identify the driver, following a penalty notice through the post. This may demand that you send the police information about who was driving the vehicle at the time, which can then be used to pursue a conviction for the offence.

Neglecting to provide this information when you are asked will result in the case proceeding to court and could result in an MS90 conviction for you. If you committed the offence, you will incur this on top of the original offence if you were driving. 

You may also receive an MS90 charge if you fail to identify the driver correctly. You should be aware of who is driving your vehicle, and incorrectly identifying someone involved in an offence can be harmful to someone who may be innocent. Whether done intentionally or by mistake, this may be grounds for an endorsement on your driving record. In addition, if you have provided a false nomination, you could be perverting the course of justice and be at risk of a prison sentence.

It is essential that you provide the police with the necessary information when they officially request it.

What are the Penalties for a MS90 Conviction?

For failing to give the correct information about the driver of an offence, you could receive a fine of up to £1,000 and either a driving disqualification or up to six penalty points on your driving licence.

The severity of your penalty will depend on your involvement in the offence and how serious it was and whether it’s a company or not. For example, if you were in the vehicle and the driver was charged with a dangerous driving offence, your penalty is likely to be higher than if you were not in the vehicle and the driver committed a speed limit offence.

If you incur penalty points and a driving offence code on your driving licence, you may find that this increases your car insurance premiums; insurance companies base their premiums on how likely a driver is to have an accident or commit an offence, and having already committed an offence will affect this calculation.

What Should I Do if I Have Been Sent an MS90 Charge?

Due to the various implications of having a driving offence conviction on your licence and criminal record, you should do everything you can to make sure you provide the police with sufficient and accurate details when they request them. However, if you have already incurred an MS90 charge, you should discuss your options with a solicitor.

A common reason drivers incur MS90 charges is because they have moved house and do not receive the offence notice at the right address. In such cases, your solicitor will be able to help you mount a defence and gather all the necessary documentation and evidence.

To discuss your MS90 charge with an experienced motoring offence solicitor, call JMW today on 0345 872 6666, or fill out an online contact form.