Driving Offences — s.172 RTA
Failing to Identify the Driver Solicitors in Chester
Charged with failing to identify the driver of a vehicle under s.172 RTA? This offence carries 6 penalty points — often more than the original offence. Our specialist solicitors provide expert defence for individuals and companies.
Received a Notice of Intended Prosecution and unsure what it means or whether it means court? We explain your obligations and advise on the best response.
The s.172 RTA Obligation
When a vehicle is alleged to have been involved in a road traffic offence, police will send a Notice of Intended Prosecution (NIP) to the registered keeper requiring them to identify the driver. This is a legal obligation under s.172 of the Road Traffic Act 1988.
Failure to respond — or providing false information — is itself a criminal offence, regardless of whether the original offence was committed. The penalty (6 points) is often higher than the original offence.
Companies and fleet operators face the same obligation. A company that fails to maintain adequate records of who drives its vehicles may find itself unable to comply with a s.172 notice.
Penalties
We Can Help With
- Challenging the validity of the s.172 notice
- Reasonable excuse defence
- Company / fleet operator due diligence defence
- Exceptional hardship (if totting up)
- Advice on responding to NIP notices
Section 172 Road Traffic Act 1988 — What You Need to Know
The Notice of Intended Prosecution (NIP) & Driver Details
Under section 172 of the Road Traffic Act 1988 — commonly referred to as s.172 RTA or "172 of the road" — the registered keeper of a vehicle is required to provide driver details when asked by police in connection with an alleged offence. The notice of intended prosecution (NIP) must be served within 14 days of the alleged offence.
The obligation is to identify the driver of the vehicle at the time of the alleged offence — not simply to confirm that you were the keeper of the vehicle. If you were not driving the vehicle at the time, you must provide the identity of the driver who was. Failure to provide driver details within 28 days of the NIP is a road traffic offence in its own right.
The keeper of the vehicle — whether an individual or a company — is responsible for maintaining records of who drives their vehicles. A company failing to name the driver of a company vehicle is a common scenario we advise on. The due diligence defence requires evidence that all reasonable steps were taken to identify the driver.
Penalty Points, Motoring Offences & Related Charges
The s.172 RTA offence carries 6 penalty points — often more than the original motoring offence that triggered the NIP. For example, a speeding offence may carry only 3 points, but failing to provide driver details carries 6. This can push drivers over the 12-point threshold, triggering a totting-up disqualification.
Where the original alleged offence involves dangerous driving, drink driving, or drug driving, the consequences of failing to identify the driver are even more serious. The prosecution may pursue both the original road traffic offence and the s.172 failing to provide driver details charge simultaneously.
If you have received a NIP and are unsure how to respond, or if you are facing a s.172 prosecution, contact our specialist motoring offences team immediately. See also our speeding offences page and our totting up and driving ban page for related advice.
Related Driving Offences
Section 172 notices often arise from other road traffic offences. Our specialist solicitors advise on all motoring charges.
Speeding Offences
NIP validity, speed camera calibration, exceptional hardship.
Learn moreDrink Driving
Driving under the influence of alcohol — s.5 RTA 1988.
Learn moreDrug Driving
Driving under the influence of drugs — s.5A RTA 1988.
Learn moreDangerous Driving
Where driving falls far below the standard of a careful and competent driver.
Learn moreTotting Up / Driving Ban
Exceptional hardship arguments to prevent disqualification at 12+ points.
Learn moreMobile Phone Offences
Handheld mobile phone offences — 6 points since March 2022.
Learn moreTransparent Pricing
Fixed Fees for Failing to Identify the Driver
We publish our fees upfront. Fixed fees for s.172 RTA offences are confirmed in writing before you instruct us — no hidden costs, no surprises. All fees include VAT at 20%.
| Service | Fixed Fee (inc VAT) |
|---|---|
| Failing to identify driver (s.172 RTA) — Magistrates Court | From £600 |
| NIP response advice and drafting | From £180 |
| Company / fleet operator s.172 defence | From £720 |
| Exceptional hardship (if totting up triggered) | From £600 additional |
Our Team
Speak to a Member of Our Team
Ritesh Chauhan
Consultant Road Traffic Offences Solicitor
Ritesh qualified as a solicitor in 2020 and has since built a focused practice in road traffic law. He advises individuals and companies facing s.172 Road Traffic Act charges — including the reasonable excuse defence and the correct approach to responding to a notice of intended prosecution.
Charged with Failing to Identify the Driver?
Contact our road traffic solicitors in Chester today for a free, no-obligation consultation.
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