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
Frequently Asked Questions
What does a Notice of Intended Prosecution mean?
A Notice of Intended Prosecution (NIP) is a formal notice that you may be prosecuted for a road traffic offence. It must be served on the registered keeper of the vehicle within 14 days of the alleged offence. Receiving a NIP does not mean you will definitely be prosecuted — but you must respond to it. Failure to respond is itself a criminal offence under s.172 RTA.
Does a Notice of Intended Prosecution mean court?
Not necessarily. A NIP is the first step in the prosecution process — it does not automatically mean you will go to court. After receiving a NIP, you will typically be asked to identify the driver. Depending on the offence and your response, you may receive a fixed penalty notice, be offered a speed awareness course, or be summoned to court. We advise on the best approach for your circumstances.
What is the s.172 RTA offence?
Section 172 of the Road Traffic Act 1988 requires the registered keeper of a vehicle to provide information as to the identity of the driver at the time of an alleged offence when required to do so by police. Failure to provide this information without reasonable excuse is itself a criminal offence.
What are the penalties for failing to identify the driver?
The offence carries 6 penalty points and a fine of up to £1,000. In some cases, the court may impose a discretionary disqualification. Crucially, 6 points for failing to identify the driver may be more than the points for the original offence (e.g. 3 points for speeding).
What is a reasonable excuse for not identifying the driver?
A reasonable excuse is very narrow. It does not include simply not knowing who was driving, or not wanting to incriminate yourself or a family member. Genuine examples include where the vehicle was stolen at the time, or where you genuinely cannot identify the driver after making all reasonable enquiries.
Can a company be prosecuted for failing to identify the driver?
Yes. Companies and fleet operators are subject to the same s.172 obligation. A company secretary or director may be personally liable if the company fails to respond. We advise companies on their obligations and defend against s.172 prosecutions.
What is the "due diligence" defence for companies?
A company may have a defence if it can show that it took all reasonable steps to identify the driver and that it was not reasonably practicable to do so. This requires evidence of a proper vehicle allocation system and genuine attempts to identify the driver.
Can I refuse to identify myself as the driver?
No. The s.172 obligation overrides the right to silence in this context. The European Court of Human Rights has confirmed that this does not breach Article 6 (right to a fair trial). You must respond to a s.172 notice.
Transparent 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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