Section 172 offences
Section 172 of the Road Traffic Act 1988 places a legal obligation on the keeper or driver of a vehicle to provide information when asked by the police about the identity of a driver alleged to have committed a road traffic offence.
What is a Section 172 offence?
A Section 172 offence occurs when the registered keeper of a vehicle fails to respond to a formal request from the police to identify who was driving their vehicle at the time of an alleged motoring offence such as speeding or driving through a red light. The request is made in the form of a Notice of Intended Prosecution (NIP), often accompanied by a Section 172 notice, and must be responded to within 28 days.
It is a criminal offence to ignore or fail to respond to this request without a valid legal excuse. Similarly, knowingly providing false information, such as naming someone else who was not the driver, can also amount to a Section 172 offence.
What are examples of a Section 172 offence?
There are a number of scenarios where a Section 172 offence may occur, including:
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A vehicle is caught speeding by a traffic camera, and the registered keeper receives a notice but does not respond.
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A driver responds to the police request but falsely names another person to avoid penalty points or prosecution.
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The registered keeper claims not to know who was driving but fails to demonstrate that they have taken reasonable steps to try and identify the driver.
Even where there may be uncertainty about who was driving, the courts expect individuals to show that they have made every reasonable effort to determine and report the correct information. Stating that you “don’t know” will rarely suffice unless supported by convincing evidence.
What are the potential penalties for a Section 172 offence?
Section 172 offences carry significant legal consequences and should not be taken lightly. Penalties include:
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A fine of up to £1,000.
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Six penalty points on the offender’s driving licence.
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In more serious or aggravated cases, especially involving false declarations, a custodial sentence is possible.
For individuals who already have points on their licence, receiving an additional six points could result in a disqualification under the totting-up provisions. This can have far-reaching consequences for personal mobility, employment, and insurance premiums.
Have you been charged with this offence?
