SECTION 172 · DRIVER UNKNOWN
What if I am not sure who was driving?
Uncertainty is not a safe reason to ignore a Section 172 requirement. The law distinguishes between the person keeping the vehicle and another recipient, and the enquiries actually made can become central evidence.
Checked against primary legal sources for England and Wales · Updated 8 August 2026 · How we review content
Start reasonable enquiries immediately, keep a dated record and respond within the period stated with accurate information. Do not guess and do not nominate somebody merely to complete the form. If the driver still cannot be identified, obtain case specific advice before the deadline.
Protect the deadline before deciding anything else
- Keep the complete request, envelope and any reminder
- List every possible driver and when each person used the vehicle
- Check calendars, messages, receipts, location history, work records and original photographs
- Ask for any available image if it may assist identification, without assuming it will show the driver
- Record every enquiry and obtain advice before the printed response period expires
What does Section 172 require?
A person keeping the vehicle may be required to identify the driver. Section 172 includes a statutory route where that person shows that they did not know and could not with reasonable diligence have ascertained who the driver was. A different recipient may be required to give information within their power that could lead to identification. The capacity in which the request was made therefore matters.
What counts as reasonable diligence?
There is no universal checklist that decides every case. The issue is fact sensitive. Contemporaneous records of genuine enquiries are usually more useful than a later assertion that nobody could remember.
- Who had permission and access to the keys
- Journey times and destinations
- Phone, calendar and payment records
- Work rotas, fuel receipts and parking records
- Original photographs or camera material
- Questions asked of each possible driver and their answers
Should I ask for the camera photograph?
You may ask the issuing office whether an image is available to assist identification. A photograph may show the vehicle rather than the face of the driver. Asking for an image does not normally stop the response period, so continue the other enquiries and follow the instructions on the notice.
Why should I not guess?
The response must be truthful. Naming somebody without an honest evidential basis can create consequences far more serious than the original allegation. Record uncertainty accurately and seek advice rather than manufacturing certainty.
What should I send and keep?
Follow the method required by the notice. Keep a complete copy, proof of posting or online submission and the dated enquiry record. If you supply an explanation or supporting material, keep an exact copy of that too.
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
Can I leave the Section 172 form blank?
Ignoring or returning an incomplete request can lead to a separate allegation. Read the form, make prompt enquiries and obtain advice if you still cannot identify the driver.
Does requesting a photograph extend the deadline?
Do not assume it does. Use the period stated on the request and continue every other reasonable enquiry while waiting.
Can two possible drivers both sign the form?
The correct response depends on the form, the recipient and the information genuinely available. Do not improvise a joint nomination without checking the issuing instructions or obtaining advice.
Is forgetting who drove automatically a defence?
No. The statutory wording focuses on what was known and what could have been ascertained with reasonable diligence. The evidence of the enquiries matters.