Section 172 Notice: What It Is, Your Deadline, and What Happens If You Don't Reply
You must name the driver within 28 days. Failure can mean 6 points and a £1,000 fine. Reasonable diligence, hire cars, and company vehicles explained.
A Section 172 notice under the Road Traffic Act 1988 requires the registered keeper to identify who was driving the vehicle at the time of an alleged offence. You have 28 days to respond. If you do not reply, or you reply late without a valid defence, you commit a separate offence: failing to provide driver details. That offence carries 6 penalty points and a fine of up to £1,000. There is no discretion on the points.
This guide explains what a Section 172 notice is, the 28-day deadline, what happens if you do not reply, and the defences (including reasonable diligence and hire or company vehicle scenarios).
What Is a Section 172 Notice?
Section 172 of the Road Traffic Act 1988 (RTA 1988) places a legal duty on the registered keeper (and others in certain cases) to give information as to the identity of the driver when required by the police or when a Notice of Intended Prosecution (NIP) is served. The notice is usually sent with the NIP for speeding or other camera-detected offences. You must state who was driving – or explain that you do not know and have used reasonable diligence to find out.
What Is the 28-Day Deadline?
The notice will state a date by which you must respond. That period is normally 28 days from the date of service (usually the date of posting). If your response is received after the deadline, you can be prosecuted for failing to furnish information, unless you have a valid defence such as never receiving the notice. Keep proof of posting if you reply by post, or use the online portal and keep a screenshot.
What Happens If I Don’t Reply?
If you do not reply within 28 days, the police can prosecute you for the Section 172 offence alone. The penalty is 6 penalty points and a fine of up to £1,000. You can also still be prosecuted for the underlying offence (e.g. speeding) if they can prove who was driving. In practice, a late or missing response often leads to a single charge of failing to provide driver details, which carries the 6 points regardless of the seriousness of the original offence. Replying on time avoids this.
What Is the Reasonable Diligence Defence?
If you genuinely do not know who was driving, you must show that you made reasonable efforts to find out. That might include checking diaries, asking family members who had access to the vehicle, and checking any records. Simply saying "I don’t know" without evidence of enquiry is not enough. Courts have accepted that where several people could have been driving and you have asked them and checked records, you have done what is reasonable. Document your enquiries and your conclusion.
What If I Was Driving a Hire Car or Company Vehicle?
If the vehicle was a hire car, the hire company is the registered keeper. They will receive the Section 172 notice and will usually pass it to you as the hirer. You must respond to the police (or the notice may ask you to respond to the company, which then forwards your reply). The 28-day clock runs from when the keeper receives the notice. If you were driving a company vehicle, the company is the keeper; they must identify the driver. Fleet managers often have systems to trace who had the vehicle. Ensure the company responds in time; if they name you, you will then receive your own paperwork for the underlying offence.
Can I Be Prosecuted for Both the Offence and Failing to Reply?
Yes. If you reply and name yourself (or the driver is identified), you can be prosecuted for the substantive offence (e.g. speeding). If you do not reply in time, you can be prosecuted for the Section 172 offence. In some cases both charges are brought. The 6 points for failing to reply are in addition to any points for the underlying offence, so the stakes are high. Always respond by the deadline.
What Should I Put in My Response?
State clearly who was driving on the date and at the time stated. If you were driving, say so. If you were not the driver, give the driver’s name and address if you know it. If you do not know who was driving, set out the steps you took to find out (reasonable diligence) and why you still cannot identify them. Sign and date the form and send it so it arrives before the deadline.
For the underlying offence (e.g. speeding), you may later receive an offer of a fixed penalty or a speed awareness course. See [how to appeal a speeding ticket](/blog/how-to-appeal-speeding-ticket-uk) for NIP rules and defences. If the NIP may have been sent late, see the [NIP 14-day rule](/blog/nip-14-day-rule-late-notice-speeding) for when a late notice can defeat the prosecution.
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Frequently Asked Questions
Is the 28 days from when I receive the notice or when it was sent?
The law refers to service. For posted notices, service is typically deemed to have occurred when it would have been delivered in the ordinary course of post. In practice, the notice will state a response date. Aim to respond well before that date to allow for postal delays.
What if I never received the Section 172 notice?
If you did not receive it (e.g. wrong address, lost in post), you may have a defence to a charge of failing to furnish information. You would need to show that the notice was not properly served. This is fact-specific and you may need legal advice.
Can I refuse to name the driver to protect someone?
No. You have a legal duty to provide the information. Refusing can lead to the 6 points and fine for the Section 172 offence. Only if you genuinely do not know and have used reasonable diligence can you decline to name a driver, and you must explain your enquiries.
Do I get 6 points for the S172 offence even if I wasn’t driving?
Yes. The offence is failing to provide the required information. The penalty is 6 points and up to £1,000, regardless of who was actually driving. That is why replying on time is essential.
What if the vehicle was with a garage or valet?
If someone else had lawful possession (e.g. garage, valet), they may be the "keeper" for that period in some contexts. Usually the registered keeper remains the person on the V5C. If the garage or valet was driving, you can name them in your response if you know their details.
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