SECTION 172 OFFENCE
Charged with failing to identify the driver?
Failure to provide driver information is a separate offence from the original speeding or traffic allegation. A weak underlying allegation does not automatically answer the section 172 charge.
Checked against primary legal sources for England and Wales · Updated 27 August 2026 · How we review content
Preserve the request, envelope, every response and proof of sending. Check exactly who was required to respond, when service occurred and what information was supplied. Do not assume that naming the driver late will end a prosecution.
Identify the papers before organising the defence record
Separate the request, reminder, charge and court stages and build the immediate evidence checklist.
What does the prosecution need to prove?
The court will examine the requirement made under section 172, service, the identity and status of the recipient, the response period and whether the required information was provided. The original traffic allegation and the driver-information offence must be analysed separately.
What do current force figures show?
Norfolk and Suffolk Constabularies recorded 273 failure to furnish prosecutions in 2025, comprising 168 in Norfolk and 105 in Suffolk. Greater Manchester Police separately recorded 11,811 alleged section 172(3) cases as referred, charged or otherwise proceeded with.
The definitions differ, so the figures cannot be ranked or combined. Neither response supplies a conviction or MS90 endorsement count. They establish that the procedural route is consequential, not that any particular charge will succeed.
What if I genuinely could not identify the driver?
The statutory provisions include fact-sensitive protections concerning reasonable diligence and circumstances where providing information was not reasonably practicable. Merely saying that you cannot remember is unlikely to be enough. The steps actually taken, when they were taken and the records available will matter.
What evidence should I preserve?
- The original notice and envelope
- A copy of every completed response
- Proof of posting or online confirmation
- A dated record of enquiries made
- Insurance, diary, work and vehicle-use records
- Correspondence with possible drivers
Why obtain advice before pleading?
A conviction normally carries six penalty points. Cases may involve both speeding and section 172 counts, questions about service or a contested statutory defence. A solicitor should review the actual papers before you enter a plea or rely on an online argument.
What if the driving record now shows MS90?
MS90 is the endorsement code commonly associated with a failure to identify conviction. It can affect insurance disclosure as well as the points position. Check the official record and answer the insurer’s actual question rather than relying on a general premium estimate.
Turn your paperwork into a clear next-step checklist.
Preserve the notice, dates and response record
Build a notice chronology, deadline record, document checklist and concise solicitor briefing in NoticeReady Case. It does not determine whether the notice is valid.