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Section 172 of the Road Traffic Act can be a daunting notice to find posted through your letterbox. Nobody wants to be told about a driving offence that they’re not even sure they committed!
Luckily, here we have covered all of the relevant information on Section 172 to make it easier to understand. If you need any legal help or representation regarding Section 172 of the Road Traffic Act, visit our driving offence page or call us directly on 020 3007 5500.
What is Section 172?
Section 172 of the Road Traffic Act 1988 is the legal requirement of a registered vehicle keeper to provide details to the police regarding an alleged traffic offence.
The notice requires the vehicle keeper to provide the police with the details of the driver during the incident. Failing to provide the police with these details will make the keeper liable for a failure to provide charge.
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How do the police carry out Section 172 of the Road Traffic Act?
When the police witness a driving offence, they will send a Section 172 notice to the address of the registered vehicle keeper. Usually, it is cameras that will record the incident; however, the police can also witness an offence first-hand and send the notice at a later date.
The Section 172 notice should arrive within 14 days to the home address of the registered vehicle keeper. This also comes alongside a Notice of Intended Prosecution (NIP).
What is a Notice of Intended Prosecution?
A NIP form tells you that the police intend to prosecute the driver of the vehicle over this specific incident. Unlike the Section 172 notice, a NIP does not require a response.
What driving offences lead to a Section 172 notice?
Many driving offences can invoke Section 172 of the Road Traffic Act, including:
- Dangerous driving
- Careless driving
- Failing to stop for police
The full list of driving offences is non-exhaustible, as the police have the discretion to deem driving as ‘inappropriate.’ Things that can affect the way in which you should drive include vehicle type, the density of traffic or adverse weather conditions.
What does Section 172 of the Road Traffic Act require me to do?
Section 172 of the Road Traffic Act requires the registered vehicle keeper to fill out the details of the person driving the car at the time of the alleged offence. You must fill out the documents as truthfully as you can – failure to do so is an offence.
The police expect you to return the form within 28 days, or you risk being charged for failure to provide driver details.
It is important to note that filling out the form is not self-expression of guilt. A guilty verdict cannot be entirely based on you filling out a Section 172 notice. As such, you cannot use the doctrine of self-incrimination as a basis of refusal to provide details.
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What do I do if I cannot ascertain who was driving?
If you cannot reasonably ascertain who was driving the vehicle at the time of the alleged offence, you must state that when filling out the form. You must claim with ‘reasonable diligence’ that you cannot verify who the driver was.
The court will question your stance, but there are many valid reasons as to why you are unable to name the person who was driving. These could include:
- Having multiple insured drivers that all frequently use the vehicle.
- You were taking it in turns to drive with another person throughout a long drive and cannot remember who it would’ve been.
- The offence dates back before you owned the car and you don’t know who was previously registered on it.
The most important thing in regards to a Section 172 notice is that you answer it correctly. If you intentionally fill out the notice form with false information, you risk facing a charge of perverting the course of justice. This is much more severe and should be taken very seriously.
Does Section 172 of the Road Traffic Act apply to companies?
For the most part, Section 172 of the Road Traffic Act applies in the same way to a company as it does to the individual. The company still needs to name the driver of the car and return this form correctly to the police.
However, if a company claims they cannot ascertain with ‘reasonable diligence’ who the driver was, they must also argue why they do not have a log with such details in. If they fail this defence, the company risks charges of failing to provide information.
There are valid cases as to why a company does not need to keep a logbook of drivers. For example, an electrician team that shares one van may not know for certain who was driving at a specific time or date.
What is the Section 172 notice penalty?
If you fail to complete a notice of Section 172 of the Road Traffic Act, either correctly or on time, you could face:
- Up to six endorsement points on your license.
- A £1,000 fine.
- A temporary driving disqualification.
For more serious cases, where the registered vehicle keeper has intentionally sent misinformation to try and avoid penalties, you could be facing a prison sentence.
How can I avoid this penalty?
To avoid this, it is important that you give the court all of the information you know for certain. Don’t worry if you’re not sure – they don’t expect you to guess.
The key part of Section 172 of the Road Traffic Act is being upfront and correct with your knowledge. If the court deems that it is likely you do know who the driver was, they will charge you and most likely find you guilty.
Furthermore, we suggest recording evidence of posting the notice back to the police. This might include taking pictures or a video of you posting the form. There have been instances of the forms being lost in the post, which have resulted in the court taking action against the defendant.
Why contact our driving offence solicitors?
If you’re struggling to come to terms with Section 172 of the Road Traffic Act or you’re facing a charge relating to it, our award-winning solicitors can help.
For more information, please don’t hesitate to visit our driving offence page or contact one of our solicitors in London or Brighton on 020 3007 5500.
What would happen if the owner of the vehicle caught speeding nominates another person as being the driver at the material time but then this named driver pleads Not Guilty to being the driver?
What is the situation if the Section 172 is sent to the insurance policy holder of the vehicle and not the registered keeper? Do the above legal conditions apply? Thanks
My husband has had a stroke & can’t write, he will just about be able to sign it. I was driving the car at the time of the offence. Can I fill in the form for him if he signs it?
My husband has had a stroke & can’t write, he will just about be able to sign it. I was driving the car at the time of the offence. Can I fill in the form for him .