Section 172

Section 172 of the 1988 Road Traffic Act requires the registered keeper of a vehicle to supply the identity of a driver. Section 172 notices should not be ignored, so read on.

If you fail to do this then the penalty is 6 points and a fine of up to £1,000. The court also has the power to impose a driving ban but rarely uses it preferring 6 points and large fines instead. This web site was founded over 15 years ago to help people with legal motoring issues. Over the years we have had millions of visitors and have seen every type of offense thousands of times over. Accordingly we are well positioned to provide real world advice. We can give you advice to help you avoid unjust points, fines and bans. Section 172 issues. Normally this occurs after a Notice of Intended Prosecution (commonly know as a NIP) has been sent to a vehicles registered keeper along with a request to identify the driver (the Section 172 bit). If this is not returned or the driver is not named then you can expect to be in breach of the Section 172 legislation and if found guilty you will get 6 points and a big fine (up to £1,000). The request to identify the driver would seem to conflict with the normal approach in law that you are not required to incriminate yourself. This has been challenged all the way up to the European Courts and has been rejected by the Courts - so this approach is not a solution to your problem.

You have three main defences to a Section 172 issue:

Section 172 Defence Approach 1 - Reasonable Diligence

Section 172 Defence Approach 2 - Inbound Post

Section 172 Defence Approach 3 - Outbound Post

 

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