MS90 is a motoring conviction code used when someone fails to give required information about who was driving a vehicle.
An MS90 conviction is a motoring conviction for failing to give information about who was driving a vehicle. GOV.UK lists MS90 as “failure to give information as to identity of driver” and says it carries 6 penalty points.
The offence is linked to the legal duty to provide driver identity details when required. Under section 172 of the Road Traffic Act 1988, the person keeping a vehicle must give information about the driver when asked by, or on behalf of, a chief officer of police.
This means MS90 is about failing to give the required driver details. It is not the same as the original alleged offence that may have led to the request, such as speeding.
An MS90 carries 6 penalty points. The endorsement stays on the driving record for 4 years from the offence date, according to the GOV.UK list of endorsement codes and penalty points.
The Sentencing Council guideline for failing to give driver identity information lists 6 points, a Band C fine starting point and a Level 3 maximum fine. A Level 3 fine can be up to £1,000 under the Sentencing Council motoring offence guideline.
Six points can have a serious effect. A driver can be disqualified if they build up 12 or more penalty points within 3 years. For new drivers, a licence is revoked if they get 6 or more points within 2 years of passing their test.
For DVLA driving record purposes, an MS90 stays on the record for 4 years from the offence date.
This is not always the same as how long it may need to be declared for insurance. GOV.UK says driving endorsements are spent after 5 years from the conviction date for adults. If the person was under 18 when convicted, the period is 2 years and 6 months. These time limits are set out in the GOV.UK guide to rehabilitation periods.
If there was a fine, ban or other court order, the position may depend on the full sentence. It is important to check the exact details before applying for insurance.
An MS90 may affect car or van insurance while it is unspent. MoneyHelper says only unspent convictions matter for insurance, and that insurance may cost more if someone has an unspent criminal conviction.
Insurers can treat MS90 convictions in different ways. One insurer may ask extra questions. Another may charge more. Another may not offer cover. This can depend on the driver, vehicle, use of the vehicle, claims history, other convictions and the insurer’s own rules.
ABI guidance says insurers should ask clear questions about convictions and help customers understand how convictions may affect acceptance, terms and conditions. This is covered in the ABI guide on insurers’ approach to people with convictions.
You should answer insurer questions honestly and with care. MoneyHelper says you only have to disclose convictions if asked. If you are not asked directly, it says to check whether the policy terms mention convictions.
Spent convictions should not normally be declared for insurance. MoneyHelper says that if a conviction is spent, it does not need to be declared when applying for insurance, even if asked.
For consumer insurance, customers must take reasonable care not to make a misrepresentation. The Financial Ombudsman Service explains that this applies when a customer buys or renews a policy, and that insurers may consider how clear and specific the questions were in a misrepresentation or non-disclosure complaint.
For an MS90, an insurer may ask for the conviction code, offence date, conviction date, points, fine, any ban, vehicle details and how the vehicle will be used.
We arrange insurance through insurers. We do not underwrite every policy ourselves, and cover is subject to insurer acceptance and policy terms.
Got You Covered specialises in convicted driver insurance. Some drivers come to us after a conviction has made it harder to find cover online. We may also be able to help with car insurance and van insurance, depending on the full details.
This does not mean cover, price or acceptance is guaranteed. It means we can take the details and check what options may be available.
An MS90 conviction means failing to give required driver identity information. It carries 6 penalty points and stays on the driving record for 4 years from the offence date. It may affect insurance while it is unspent, so it is important to answer insurer questions clearly and check the policy terms.
