An MS90 is the DVLA endorsement code for failing to provide driver details when the police request them, under section 172 of the Road Traffic Act 1988. It isn’t a driving offence in the traditional sense. It’s a separate offence for not confirming who was driving when asked, and it often results in a conviction the registered keeper wasn’t even aware was being investigated.
Why this Happens?
An MS90 typically follows a smaller, unrelated incident, most often a speed camera or red light camera capturing an alleged moving offence. The police send a request to the registered keeper asking who was driving at the time. That request has to be correctly served, and responded to, within a set timeframe.
In practice, several common circumstances interfere with that process. The registered keeper may have moved house without updating their V5C logbook, sold the vehicle without the new keeper registering the change, or had outdated address details on file with their insurer. None of this removes the legal obligation to respond once a request has genuinely been sent, but it explains why a significant number of MS90 convictions arise for offences the driver never knew were being pursued.
The Penalty You’re Facing
If you’re convicted, here’s what it actually means for you:
- Six penalty points added to your licence
- A fine of up to £1,000
- Those points stay on your licence for four years from the date of the offence
Six points on their own don’t result in disqualification. Combined with existing points, however, the consequences can be more serious than most people expect.
The Totting-Up Risk
If a driver already holds points on their licence, an additional six from an MS90 conviction can result in reaching the 12-point threshold. Once a driver accumulates 12 or more points within a three-year period, they become liable to disqualification under the totting-up provision, typically a minimum six-month ban. Many people treat an MS90 as a minor administrative matter, without realising it can be the conviction that results in losing their licence entirely.
Can You Appeal an MS90?
An appeal is possible in certain circumstances, though it isn’t automatic and timing is critical. Common grounds include:
The notice of intended prosecution was not served within the required 14-day period. It was sent to an address that was, for a documented reason, no longer correct. There is evidence of a genuine postal issue that prevented the notice from arriving at all, rather than it simply going unnoticed.
Where a driver only becomes aware of a conviction after it has already been processed, often because the case proceeded under the single justice procedure without their knowledge, an application can be made to reopen the case by filing a statutory declaration. This is separate from a standard appeal window and must be actioned promptly once the driver becomes aware of the conviction.
How it Feels in Real?
A common scenario involves a driver who moves house, and a speed camera captures their previous vehicle three weeks later on a road they no longer regularly use, driven by a new owner following a private sale. The notice is sent to the old address and is not forwarded. Several months later, the original registered keeper receives correspondence from a collection agency regarding an unpaid fine they were previously unaware of. In this situation, requesting the full case file and confirming exactly when and where the original notice was sent would be the appropriate first step, along with checking whether a statutory declaration remains an available option.
Does it Matter if the Vehicle is Owned by a Company?
Slightly, yes. If the vehicle caught on camera belongs to a limited company rather than an individual, the fine of up to £1,000 can still apply, but there’s no individual driver to attach penalty points to, so no points get added to anyone’s licence in that specific scenario. Company vehicle policies still need to identify who was actually driving when asked, since the company itself can face prosecution if it doesn’t cooperate.
What to Do if You’ve Received an MS90 Notice or Conviction
- Don’t ignore any letter referencing a driving offence, even if the address or details look unfamiliar
- Request full details of when and how the original notice was sent to you
- Check whether you’re still within any window to challenge the notice or apply to reopen the case
- Get advice from someone who handles motoring offences specifically, since the appeal routes here are narrow and time-sensitive
FAQs
No, this isn’t an imprisonable offence. The penalties are limited to a fine and penalty points, or in a company’s case, a fine alone.
Motoring convictions like this don’t typically appear on standard DBS checks in the same way as criminal offences do, though it does remain on your DVLA driving record.
Four years from the date of the offence, though it’s worth noting the points count toward disqualification for three years from the date of conviction.
It depends entirely on the circumstances, particularly whether the original notice was properly served. Getting advice before paying is usually worthwhile, since paying can sometimes limit your options afterwards.
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