SECTION 172 DRIVER INFORMATION
Section 172 notice: identify the driver and protect the 28 day deadline
The driver information request is separate from the speeding or motoring allegation. It creates its own duty, deadline and potential offence.
Checked against primary legal sources for England and Wales · Updated 22 August 2026 · How we review content
The person named on a valid Section 172 requirement must ordinarily provide the requested driver information within 28 days of service. Respond accurately, keep proof and do not ignore the request because you dispute the allegation or believe the NIP was late.
Identify the notice and protect the deadline
Check the document type, addressee and working response date without uploading the notice or entering a case reference.
Protect the deadline before deciding anything else
- Identify the named recipient and calculate the response deadline from service.
- Check who had access to the vehicle and begin any enquiries immediately.
- Keep a complete copy and reliable proof of posting or electronic submission.
What is a Section 172 notice?
Section 172 of the Road Traffic Act 1988 permits the police to require information about the identity of a driver. It is often described as a notice to identify the driver or a who was driving form.
It commonly accompanies a Notice of Intended Prosecution, but the documents serve different purposes. The NIP warns of possible prosecution for the alleged offence. The Section 172 requirement asks for information identifying the driver and can be enforced separately.
What should I do today?
- Read the addressee and do not assume another driver can answer it for you.
- Record the date of service and the deadline printed on the notice.
- Check the alleged date, time, location and vehicle registration.
- Identify who kept the vehicle and who had access to it at the relevant time.
- Start any necessary enquiries now rather than waiting until day 28.
- Keep the whole notice, your completed response and proof of submission.
How is the 28 day deadline calculated?
The statute ordinarily requires the information to be supplied within 28 days of service of the requirement. The date of the alleged offence and the date printed on the notice are not necessarily the start of that period.
Record when the notice arrived and follow the instructions on the form. Do not treat a reminder as creating a guaranteed new deadline. If time is short or the deadline has passed, respond as soon as reasonably practicable and obtain advice.
Who must respond?
The legal requirement is directed to the person or organisation to whom it is addressed. If the notice is in your name, do not simply hand it to somebody else. Give the information in the form and manner requested and sign where required.
For a company notice, an authorised person should deal with it and retain the records used. A body corporate can face different consequences from an individual, but the request must still be handled accurately and on time.
Does naming the driver admit speeding?
No. Identifying the driver answers the information requirement. It does not, by itself, accept the truth of the alleged speed or amount to a guilty plea.
The named driver may later receive their own notice, an offer of a course or fixed penalty, or court papers. Any issue with the allegation can then be considered through the proper route. Withholding driver information is not a safe way to preserve a defence.
What if I genuinely cannot identify the driver?
Do not guess and do not invent certainty. Begin reasonable enquiries promptly. Check diaries, work rotas, phone location data, messages, card receipts, fuel receipts, photographs, insurance records and who had the keys.
The statutory position differs depending on whether the recipient was the person keeping the vehicle or another person. A keeper may need to show that they did not know and could not with reasonable diligence have discovered who the driver was. Another person must provide information that it was in their power to give and that may lead to identification.
The quality and timing of the evidence matter. Keep a dated audit trail of each enquiry and obtain advice before the deadline if uncertainty remains.
What if the NIP appears late or contains an error?
A possible issue with the NIP does not normally cancel the Section 172 obligation. Respond to the driver information request while preserving the notice, envelope and dates relevant to any later argument.
Minor errors do not automatically invalidate a notice. Whether a mistake matters depends on what the notice communicated and whether the recipient was misled. Obtain advice before deciding that no response is required.
What happens if I fail to provide the information?
Failure to provide driver information is a separate offence. For an individual, conviction normally requires endorsement with six penalty points. The Sentencing Council guideline gives a Band C fine as the starting point and a range from a discharge to a Band C fine. The statutory maximum is a level 3 fine.
Six points can have serious consequences for a new driver and for anybody already close to a totting up disqualification. It can also affect insurance. Do not ignore the notice simply because the underlying allegation might have attracted fewer points.
What if I replied but the police say they did not receive it?
Preserve the completed response, certificate of posting, tracking information, screenshot or online confirmation. Check the address or portal used and whether every required part was completed.
Respond to any reminder or prosecution notice promptly. The question may turn on what was sent, when it was sent and whether compliance was reasonably practicable. A contemporaneous record is much stronger than a reconstruction months later.
When should I obtain advice?
Speak to a motoring solicitor promptly if the driver remains uncertain, the named person has died or moved abroad, a company cannot identify the user, the deadline has passed, the police dispute receipt, or a failure to provide charge has been issued.
NoticeReady can identify the document, calculate a working deadline and organise the evidence. It does not decide the statutory defence or represent you.
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.
QUICK ANSWERS
Frequently asked questions
What is a Section 172 notice?
A Section 172 notice is a statutory request for information identifying the driver of a vehicle at a particular time. It is commonly sent with a Notice of Intended Prosecution after a camera allegation.
How long do I have to respond to a Section 172 notice?
The information must ordinarily be provided within 28 days of service of the requirement. Read the notice carefully, record the deadline and retain evidence of the response.
Does naming the driver admit the motoring offence?
No. Providing the required driver information is not, by itself, an admission of guilt for the underlying motoring allegation. It identifies the person to whom the allegation can then be addressed.
What if I genuinely do not know who was driving?
Do not guess. Investigate promptly and keep a dated record of the steps taken. The statutory tests differ for a keeper and another person, so obtain specialist advice before the deadline where identification remains uncertain.
Can I ignore Section 172 because the NIP was late or wrong?
No. A challenge to the NIP or underlying allegation does not normally remove the separate obligation to provide driver information. Respond accurately while preserving the point you may later wish to raise.
What is the penalty for failing to identify the driver?
For an individual, conviction normally carries six penalty points and a fine. The Sentencing Council guideline gives a Band C fine starting point within a range from a discharge to a Band C fine. The statutory maximum is a level 3 fine.
What if I have already responded but received a reminder?
Keep the reminder, a copy of the response and proof of posting or electronic submission. Check that the response was complete and sent to the correct address, then seek advice promptly if the police say it was not received.