When the police believe a vehicle was involved in a road traffic offence, they send a Section 172 notice to the vehicle’s registered keeper, alongside a Notice of Intended Prosecution. The 172 notice requires the recipient to provide information identifying who was driving at the relevant time.

Receiving a notice does not mean that you have admitted the alleged offence or that prosecution is inevitable. However, you must take the request seriously. Failing to provide the required driver details can lead to a separate criminal charge that comes with six penalty points, an unlimited fine and possible disqualification.

If you cannot identify the driver, or have concerns about the underlying allegation, seek legal advice promptly. JMW’s motoring offence solicitors can explain your legal obligations, help you respond correctly and defend you if the police accuse you of failing to provide information.

Here, we explain what Section 172 of the Road Traffic Act 1988 means for drivers, what you should do when you receive a notice and when a statutory defence may apply.

What Is Section 172 of the Road Traffic Act 1988?

Section 172 of the Road Traffic Act 1988 gives the police the power to require information about the identity of a driver when a vehicle is alleged to have been involved in a relevant road traffic offence.

The person keeping the vehicle must provide the information required to identify the driver. Anyone else who receives a valid request must provide any information within their power that may help the police establish who was driving. Failing to provide driver details without a valid defence is a criminal offence in its own right.

Section 172 is particularly relevant where the police did not stop the vehicle at the time. For example, if a speed camera identifies a vehicle exceeding the speed limit, but the image does not establish who was behind the wheel, the police will write to the registered keeper to request the driver’s details.

The registered keeper may be a company, leasing business or family member named on the vehicle registration document, rather than the person who has day-to-day control of the vehicle.

Why Might You Receive a Section 172 Notice?

The police typically issue a Section 172 notice after an alleged motoring offence where they need to establish who was driving. Any of the following alleged offences could lead to the registered keeper of a vehicle receiving a notice:

• Speeding detected by a camera
• Failing to comply with traffic lights
• Careless or inconsiderate driving
• Dangerous driving
• Using a mobile phone while driving
• Failing to stop after a road traffic accident
• Another offence involving the use of a vehicle on a road

The notice will usually be sent to the registered keeper using the address recorded by the DVLA. It is therefore important to keep the address on the vehicle registration document up to date, as it is not a defence to say that you did not receive a Section 172 notice and therefore did not respond if your details are out of date.

Is a Section 172 Notice the Same as a Notice of Intended Prosecution?

A Section 172 notice and a Notice of Intended Prosecution perform different functions, although the police often send them together.

A Notice of Intended Prosecution warns the recipient that the police may prosecute an alleged motoring offence. The Section 172 notice requires information about who was driving when that alleged offence took place.

Where the vehicle belongs to a leasing company, hire business or employer, that organisation may receive the first request and will need to identify the person or business that had possession of the vehicle. The police may then send a further Section 172 notice to the person identified as the driver.

Identifying the driver or stating that you were the driver does not amount to:

• Admitting the underlying offence
• Accepting the police’s account
• Entering a guilty plea
• Giving up the right to challenge the evidence

You may believe that the speed-camera reading is inaccurate, that the vehicle was elsewhere or that the driving did not take place as alleged. Except in a small number of special cases, you will still need to respond to the Section 172 requirement and then challenge the original offence through the appropriate legal process. If you cannot identify the driver or believe a statutory defence may apply, seek legal advice rather than ignoring the notice.

Our guide to Notices of Intended Prosecution explains the wider process and the relationship between the warning of prosecution and the request for driver details.

Who Must Identify the Driver?

The duty itself falls on the person keeping the vehicle, which is usually the registered keeper but not always. Company vehicles, hire cars and vehicles that have been sold without the V5C being updated are the common exceptions.

Establishing the driver may require further enquiries where the vehicle:

• Is shared between family members
• Is a company car used by several employees
• Is leased or hired
• Has recently been bought or sold
• Was loaned to a friend or relative
• Is a business vehicle used by several drivers

In these circumstances, the recipient must still provide the information required or take reasonable steps to establish who was driving. Companies should maintain accurate records showing who used each vehicle and when. Simply providing a list of potential drivers may not satisfy the legal obligation if the organisation could reasonably have kept or checked records that would identify the correct person.

How Long Do You Have to Respond?

You must provide the requested driver information within 28 days of the Section 172 notice being served. If it was not reasonably practicable to respond within that period, you may have a defence if you supplied the information as soon as reasonably practicable afterwards.

When you receive the notice:

1. Check the response deadline immediately.
2. Review the vehicle registration, date, time and location.
3. Establish who was driving.
4. Complete the notice accurately.
5. Follow the response method stated on the form.
6. Keep a copy of everything you send.
7. Retain proof of posting or electronic submission.

Do not assume that an informal telephone call or email will satisfy the requirement. Follow the instructions on the notice unless the police confirm an alternative arrangement in writing.

What Happens if You Fail to Provide Driver Details?

Failing to provide the information required by a valid Section 172 notice is a separate criminal offence from the original motoring allegation.

A conviction can lead to:

• Six penalty points on your driving licence
• An unlimited fine
• A possible driving disqualification
• A criminal conviction
• Increased insurance costs
• A totting-up ban if the additional points take your total to 12 or more

The police may pursue both the original motoring offence and the allegation of failing to provide driver details. However, whether they have enough evidence to prove either charge will depend on the circumstances.

Our solicitors can review the notice, the evidence of service and any response you provided. We can also assess whether a statutory defence applies and whether the prosecution has sufficient evidence to proceed.

The six additional points can have particularly serious consequences if you already have points on your licence. Our guide to having nine points on your licence explains how a further endorsement may trigger the totting-up process.

What if You Do Not Know Who Was Driving?

Not knowing who was driving does not remove the obligation to respond. The person keeping the vehicle should take reasonable steps to establish the driver’s identity.

Depending on the circumstances, this may involve checking:

• Diaries and calendars
• Work schedules or vehicle logs
• Fuel, parking and bank transactions
• Mobile phone location information
• Messages and emails
• Journey-planning applications
• Photographs taken on the relevant day
• Insurance records
• Who had access to the vehicle and its keys

You may also ask the police whether photographs are available. These images are usually intended to identify the vehicle and alleged offence rather than the driver, but they may still assist.

Keep a clear record of the enquiries you make. If the matter reaches court, you may need to explain what you checked, who you contacted and why you were still unable to determine who was driving.

Simply naming several potential drivers or stating that you cannot remember is unlikely to be enough without evidence that you made genuine efforts to establish the answer.

What Is the Reasonable Diligence Defence?

Section 172 provides a statutory defence for the person keeping the vehicle where they can show that they did not know, and could not with reasonable diligence have established, who was driving.

The court will consider the steps that were reasonable in the particular circumstances. There is no single checklist that applies to every case.

Relevant matters may include:

• How many people had access to the vehicle
• How long had passed before the notice arrived
• Whether the vehicle was used regularly by several drivers
• What records existed
• What enquiries the recipient made
• Whether photographs or other evidence were requested
• Whether the recipient kept a written account of their efforts

The burden will be on the defendant to satisfy the court that they exercised reasonable diligence. This means presenting credible evidence rather than simply asserting that the driver could not be identified.

A specialist solicitor from JMW will document the steps taken, identify further enquiries and present the statutory defence clearly before the Magistrates’ Court.

Are There Other Defences to a Section 172 Charge?

The reasonable diligence defence is not the only issue that may arise. Other possible defences depend on the individual circumstances. For example, you may be able to show that:

• You provided the information within the required timeframe.
• You completed and posted the response, but the police did not receive or record it.
• The request was not served correctly.
• You were not the person keeping the vehicle and supplied all information within your power.
• It was not reasonably practicable to respond within the deadline.
• You provided the information as soon as reasonably practicable afterwards.
• The police request did not meet the relevant statutory requirements.

A postal problem may be relevant where you did not receive the notice or the police did not receive your reply. However, failing to update the address held by the DVLA will not normally provide a defence to non-receipt. JMW’s guidance on postal issues and prosecution notices explains why the underlying reason for the missing correspondence matters.

Administrative errors do not automatically end a prosecution. A solicitor should examine the notice, evidence of service and any proof that you responded.

Can You Refuse to Respond to Avoid Self-Incrimination?

You cannot generally ignore a valid Section 172 request because identifying yourself may lead to prosecution for the original offence.

The requirement is to provide information about the driver’s identity. It is not the same as admitting that the driver committed the alleged offence.

Once identified, the driver retains the right to:

• Challenge the prosecution evidence
• Plead not guilty
• Question the reliability of a speed camera or witness account
• Raise an available legal defence
• Receive a fair trial

Remaining silent in response to the notice can lead to a separate Section 172 charge. Seek legal advice if you are concerned about how your response may affect the underlying case rather than deciding not to comply.

How Can a Solicitor Help?

A Section 172 prosecution can have serious consequences, including six penalty points, an unlimited fine and possible disqualification. Our motoring offence solicitors will act quickly to examine the allegation, identify weaknesses in the prosecution’s case and build the strongest available defence.

We will review the notice, the alleged offence and the full timeline of events. This includes checking whether the request was validly made and served, whether you responded within the deadline and whether the police correctly recorded any information you provided. When you return the notice, we will gather evidence such as copies, proof of posting and electronic records to challenge an allegation that you failed to respond.

If you could not identify the driver, we will examine the enquiries you made and present evidence showing that you exercised reasonable diligence. This may involve vehicle records, work schedules, messages, receipts, location data and evidence about who had access to the vehicle. We will also consider whether you were the person keeping the vehicle or someone required only to provide information within your power.

Where the police pursue both the original motoring offence and a Section 172 charge, we will challenge each allegation separately. We will test whether the prosecution can prove the identity of the driver, the validity of the request and the alleged failure to provide information.

If the case proceeds to court, we will prepare the defence, question the prosecution evidence and represent you in the Magistrates’ Court. Where a full defence is not available, we will present focused mitigation and argue for the least severe outcome.