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Failing to Provide Driver Details Under Section 172 of the Road Traffic Act 1988: The Law and Available Defences

If you have received a Section 172 notice and cannot identify the driver, missed the 28-day deadline, or believe the notice never reached you, you may now be facing a charge that carries six penalty points. That is twice the endorsement most speeding offences attract, which is why the failure to reply is often more damaging than the matter that triggered it. Allen Hoole is the largest criminal defence firm in the South West, and our motoring defence solicitors help drivers and companies across England and Wales respond to Section 172 requests and defend failing to provide driver details charges.

Speak to a motoring defence solicitor

If a deadline is approaching, or a court date has already been set, talk to us before you respond. Our lines are answered 24 hours a day. Call Bristol or Keynsham on 01454 790673, or Cheltenham on 01454 790672. You can also send us the details and we will call you back.

Received a Section 172 notice you cannot answer? How we help

A Section 172 request usually arrives after an alleged offence caught on camera, most often speeding. The registered keeper must say who was driving. The problem many people face is genuine: you may not know who was driving, the notice may have gone to an old address, or the deadline may have passed before you dealt with it. Ignoring it is the worst option, because failing to respond is itself an offence, and often a more serious one than the matter that triggered the notice.

We advise on how to respond correctly, whether you have a defence, and how to protect your licence, particularly if six points would take you towards a totting-up ban.

What is failing to provide driver details?

Failing to provide driver details is an offence under Section 172 of the Road Traffic Act 1988. The registered keeper of a vehicle must identify who was driving when the police require it, normally within 28 days. A conviction carries six penalty points and a fine of up to £1,000, unless you have a defence.

What is Section 172 of the Road Traffic Act 1988?

The duty the section imposes

Section 172 of the Road Traffic Act 1988 places a legal duty on the registered keeper of a vehicle to give information identifying the driver when the police require it in connection with an alleged road traffic offence. Any other person who is asked must give the information it is in their power to give. The request is usually made in writing alongside a Notice of Intended Prosecution.

What a Section 172 notice requires, and the 28-day deadline

A Notice of Intended Prosecution must normally be served on the registered keeper within 14 days of the alleged offence. Where the Section 172 request is served by post, you then have 28 days from service to reply, naming the driver or giving the information you can.

The duty is a strict one. The courts have held that a refusal, or simply saying you cannot remember, will rarely succeed on its own. This is why the right response matters, and why advice before the deadline passes is worthwhile.

The offence of failing to provide driver details

When the offence is committed

Failing to provide driver details is an offence under Section 172(3) of the Road Traffic Act 1988. It is committed when the keeper, or another person required to give information, fails to do so without a defence. It is a summary offence, dealt with in the magistrates' court, and cases are frequently handled under the Single Justice Procedure, where you can plead and make representations in writing.

Penalties: points, fine and disqualification

A conviction for failing to provide driver details carries:

  • Six penalty points
  • A fine of up to £1,000, and
  • A discretionary disqualification in more serious cases

The court works from the Sentencing Council's guideline for failing to give information of the driver's identity, which requires six points to be endorsed and sets a Band C fine as the starting point. The endorsement stays on your licence for four years from the date of the offence.

Because it carries six points, this offence is often more damaging than the speeding matter behind it, and for drivers already carrying points it can trigger a totting-up ban of at least six months. Where that is the risk, we prepare and argue exceptional hardship to keep you on the road where the law allows.

If you are a company or a fleet operator

A company that fails to identify the driver of one of its vehicles can be prosecuted in its own right. A limited company cannot be given penalty points, because it holds no licence, so a fine is the only penalty it faces, and that fine can be substantial. Directors and company officers can also be prosecuted personally where the failure was down to their own conduct. The practical answer is usually record-keeping: a company that can show a proper system for logging who was driving each vehicle is in a far stronger position than one that cannot.

Defences to failing to provide driver details

Whether you have a defence depends on the facts and on what you can show the court. These are the arguments we most often use.

  • Reasonable diligence. Section 172(4) provides a defence where the keeper did not know, and could not with reasonable diligence have found out, who was driving. The burden is on you, and the bar is high, so what matters is the steps you took and can evidence: checking diaries, work schedules and other records, asking everyone who had access to the vehicle, and looking for evidence such as CCTV or phone records.
  • You were not the person under a duty. If the vehicle had been sold or transferred, or the request was misdirected, you may not be the person required to respond. Any other person asked has only to give the information within their power to give, which is a lower duty than the keeper's.
  • A company that could not identify the driver. Where a fleet or pool vehicle is involved, a company can defend the charge, but it must show that it had proper procedures for monitoring who was driving and that, despite them, the driver could not be identified on this occasion.
  • It was not reasonably practicable to reply in time. Under Section 172(7)(b) you are not guilty if you show that it was not reasonably practicable to give the information within the 28 days, or that you gave it as soon as reasonably practicable afterwards. Illness, being abroad and postal problems are the usual examples, and each needs evidence.
  • Service and procedural errors. If the notice did not comply with the statutory requirements, or was not properly served, the prosecution may not be able to prove its case. Be aware that simply not receiving the notice is not automatically a defence: the courts have held that a keeper still has to show it was not reasonably practicable to reply, so what you can evidence about the address and the post matters.

One thing to avoid: never guess or name someone you are not sure about. Giving false information can lead to a charge of perverting the course of justice, which is far more serious than the Section 172 offence and can carry a prison sentence.

What to expect when we defend your case

Dealing with a Section 172 charge is more manageable when you know the steps.

  1. Your first conversation. Tell us what happened, and whether you have received a notice, a Single Justice Procedure notice, or a court summons. We give you a clear view of your options and of any deadline still to be met. We check first whether you qualify for legal aid, and where you are funding privately our fixed fees for motoring offences set out the cost before any work starts.
  2. Reviewing the notice and its service. We check whether the notice complied with the statutory requirements and was validly served, and whether the reasonable diligence or other defences are open to you.
  3. Advising on plea and response. We help you respond correctly and on time, or prepare your defence where one exists.
  4. Whether your case is dealt with in writing under the Single Justice Procedure or at a hearing, we prepare and present it and make mitigation to protect your licence.

If you have already been convicted under the Single Justice Procedure without knowing about the proceedings, that is not necessarily the end of it. A statutory declaration can be used to set the conviction aside so the case is heard properly. Time limits apply, so take advice quickly.

Get in touch

Deadline approaching? Get advice before you respond. Call Bristol or Keynsham on 01454 790673, or Cheltenham on 01454 790672, at any hour, or enquire online and we will come back to you.

Who we help

We act for:

  • Drivers who genuinely cannot identify who was driving
  • People whose notice went to an old or wrong address
  • Those who have missed the 28-day deadline and are now being prosecuted
  • Companies and fleet operators dealing with Section 172 requests for pool or company vehicles
  • Drivers who have received a Single Justice Procedure notice or a court summons
  • Motorists at risk of a totting-up ban if six points are added

Why choose Allen Hoole

  • The largest criminal defence firm in the South West, with dedicated motoring and criminal defence experience
  • Experienced with both individuals and companies facing Section 172 requests, including fleet and pool vehicle cases
  • Regulated and accredited: authorised and regulated by the Solicitors Regulation Authority, SRA number 462128, Lexcel accredited, and holding the Law Society's Criminal Litigation accreditation
  • Transparent pricing, with fixed fees for motoring offences and hourly rates published in full
  • Available 24 hours a day, with offices in Bristol, Cheltenham and Keynsham, acting for drivers across England and Wales

“Highly recommend Allen Hoole Solicitors. They’ve been amazing with my court case.” ZT, Google review

Failing to provide driver details FAQs

How many points do you get for failing to identify a driver?

Six penalty points, plus a fine of up to £1,000 and, in more serious cases, a discretionary disqualification. That is often more than the original offence, such as speeding, would have carried.

Can I refuse to give my details to the police?

No. Section 172 places a legal duty on the registered keeper to identify the driver when required to do so. Refusing, or ignoring the request, is itself a criminal offence. If you genuinely cannot identify the driver, there may be a defence, and you should take advice.

What happens if I do not identify the driver?

You can be prosecuted for failing to provide driver details, which carries six points and a fine and can lead to a ban. Many cases are dealt with under the Single Justice Procedure. Getting advice early gives you the best chance of a good outcome.

What if the Section 172 notice went to the wrong address or I never received it?

Not receiving the notice is not automatically a defence. You would need to show that it was not reasonably practicable to reply in time, or that you replied as soon as reasonably practicable once you knew. We can review how the notice was served and what you can evidence, and advise on whether the prosecution can be challenged.

Is failing to provide driver details worse than the original offence?

Often, yes. The underlying matter, frequently speeding, may carry three points, while failing to provide driver details carries six. That is why it should not be ignored.

Speak to a motoring defence solicitor in Bristol, Cheltenham or Keynsham

If you have received a Section 172 notice, or you are being prosecuted for failing to provide driver details, get advice early, particularly if a deadline is approaching. Call us at any time, or send us the details and we will call you back.

Find your nearest office in Bristol, Cheltenham or Keynsham, or contact us about anything else. For related matters, see challenging fixed penalty notices, speeding offences, and our road traffic offence solicitors page.

This page provides general information about the law in England and Wales and is not legal advice. For advice on your own case, contact Allen Hoole. Allen Hoole Solicitors is authorised and regulated by the Solicitors Regulation Authority, SRA number 462128.