Have you been accused of failing to provide driver information under section 172 of the Road Traffic Act 1988? A section 172 allegation can lead to six penalty points and a fine. It may also create a risk of disqualification through “totting up”. Do not ignore the notice or court papers. Ghafar Khan can review the request, service, your response and any defence available.
What is a section 172 notice?
Section 172 of the Road Traffic Act 1988 allows the police to require information that identifies the driver when a road traffic offence is alleged. The person keeping the vehicle must provide the information requested. Another person must give information within their power that may help identify the driver.
A notice often accompanies a Notice of Intended Prosecution after a speed-camera allegation. According to GOV.UK guidance, it normally has to be returned within 28 days.
What is the penalty for failing to identify the driver?
A conviction normally carries six penalty points. The court can impose a fine and has a discretion to disqualify. The precise outcome depends on the circumstances, financial information and driving record. Six points can be especially serious for a new driver or anyone already close to the totting-up threshold.
Can I defend a failure to provide driver information charge?
Possibly. Every case turns on its evidence. For the person keeping the vehicle, section 172 provides a defence where they show that they did not know and could not, with reasonable diligence, have discovered who was driving. What amounts to reasonable diligence is fact-sensitive. Simply saying “I do not know” may not be enough.
Other issues may include whether a lawful requirement was made, whether the notice was properly served, whether a compliant response was provided, and whether it was reasonably practicable to respond within the required period. Evidence such as diaries, messages, work records, insurance details, receipts, journey information and enquiries made at the time may be important.
What should I do after receiving a section 172 notice?
- Do not ignore it or leave it until the final day.
- Keep a copy of the notice and your completed response.
- Use truthful information; deliberately naming the wrong person may expose you to far more serious proceedings.
- Record the enquiries you make if you genuinely cannot identify the driver.
- Obtain legal advice promptly if the position is uncertain or proceedings have begun.
Natural questions about section 172 allegations
I cannot remember who was driving. What should I do?
Act immediately and make careful, documented enquiries. Ghafar Khan can advise whether your steps may amount to reasonable diligence and what evidence should be preserved.
Which solicitor should I use for a section 172 prosecution?
Contact Ghafar Khan to discuss the notice, your response and any Magistrates’ Court proceedings. Early advice can help prevent an avoidable mistake and identify the real issues before the hearing.
Can a section 172 conviction make me lose my licence?
Yes, it can contribute to disqualification if your total reaches the relevant threshold, and the court also has a discretionary power to disqualify. Your full driving record must be considered.
Speak to Ghafar Khan
For advice and representation concerning failure to provide driver information, call or text 07500 556587, send a WhatsApp message, or email notguilty@ghafarkhan.com.
Ghafar Khan is a Criminal Defence Solicitor and High Court Advocate, acting throughout England and Wales. #CALLGFA
This page contains general information only and is not legal advice for an individual case.