Section 172 Road Traffic Act – Failure to Identify the Driver

Under Section 172 of the Road Traffic Act 1988, it is an offence to fail to identify the driver of a vehicle when requested by the police. This legislation exists because many road traffic offences are detected by unmanned devices, such as speed cameras or ANPR systems, where the police cannot immediately identify who was driving.

A notice (often called a Notice of Intended Prosecution or “NIP”) is usually sent to the registered keeper of the vehicle, requiring them to confirm the identity of the driver at the time and place of the alleged offence.

Failing to respond, or providing incomplete information, can result in prosecution for a Section 172 offence – which carries 6 penalty points, a fine of up to £1,000, and possible disqualification.

What Does a Section 172 Request Mean?

Receiving a Section 172 request does not automatically mean you are guilty of the underlying offence (such as speeding). However, it does mean the police either have evidence that an offence occurred or suspect one has taken place, and they require the driver’s details.

If you are charged with failing to identify the driver, it usually means that:

• You did not reply to the notice at all, or

• You did reply, but did not provide the necessary information.

Defences to a Section 172 Charge

Our Covent Garden motoring offence solicitors can explore a number of potential defences, including:

Reasonable Diligence

You are expected to take all reasonable steps to identify the driver. This may include checking bank statements, reviewing diaries, speaking with family members, or considering other evidence. If you can show that you did everything in your power to establish who was driving, but could not, this may be a valid defence.

Not Reasonably Practicable to Respond

The law states you cannot be convicted if it was not reasonably practicable to supply the driver’s details within the 28-day deadline. Furthermore, if you later provided the information as soon as reasonably practicable, you may still have a defence. For example, if the notice was not received due to postal issues, or was delivered to an old address, you may be able to argue this defence successfully.

Why Choose Our Covent Garden Solicitors?

Section 172 offences are often misunderstood and many drivers believe there is no defence. In reality, the law provides several avenues to challenge the allegation. With skilled representation, it may be possible to:

✅ Avoid penalty points and fines

✅ Argue that you exercised reasonable diligence

✅ Protect your licence and employment if driving is essential

📞 If you have been accused of failing to identify the driver under Section 172, contact our experienced Covent Garden driving offence solicitors today. We can advise you on your options, build the strongest defence possible, and protect your licence.