118Requirement to give information as to identity of driver or passenger

1. If an enforcement officer has reasonable cause to believe that the driver of a vehicle has committed an offence while in charge of the vehicle, the officer may request the registered person for, or the hirer of, the vehicle to give all information in the registered person’s or hirer’s possession or obtainable by the registered person or hirer which may lead to the identification and apprehension of the driver of the vehicle.

2. If an enforcement officer has reasonable cause to believe that a passenger of a vehicle has committed an offence in or through the use of the vehicle where that use relates to the commission of the offence or the aiding of the commission of the offence or the assisting of that passenger to avoid arrest in connection with or conviction for that offence, the officer may request the registered person for, or the hirer of, the vehicle to give all information which may lead to the identification and apprehension of the passenger.

3. A request under subsection (1) or subsection (2) or subsection (6) may be made orally or in writing and the registered person or hirer or licence holder (as the case may be) must comply with the request within 14 days.

4. If a vehicle failed to stop (or remain stopped) as signalled, requested, or required under section 114, an enforcement officer may request the registered person for, or the hirer of, the vehicle to give all information in the registered person’s or hirer’s possession or obtainable by the registered person or hirer that may lead to the identification and apprehension of the driver, and the registered person or hirer must give the officer that information immediately.

5. Subsection (4) does not apply if the registered person or hirer has been arrested or detained in relation to the suspected offence.

6. If the holder of a transport service licence employs any person to drive a vehicle under that licence, the licence holder, on being informed of any offence alleged to have been committed by that person or by a person driving a vehicle being used under the licence, and on being requested to do so by an enforcement officer, must supply in writing the driver’s full name, full address, and electronic address (if the driver has an electronic address).