Can I refuse to respond to a Section 172 notice on the grounds that answering might incriminate me?

No. The right against self-incrimination does not apply to s.172 requests — this was confirmed by the European Court of Human Rights in O'Halloran and Francis v UK [2007] 46 EHRR 21. The obligation to respond is absolute. Refusing to respond means a separate 6-point conviction.

I genuinely cannot remember who was driving at the time — what do I do?

You must still respond to s.172. If you genuinely cannot identify the driver after making reasonable enquiries, you should say so in writing and explain what enquiries you made. This may be accepted, but it is not guaranteed. Seek legal advice promptly if you are in this situation.

I was not in the UK when the alleged offence occurred — does s.172 still apply?

Yes, if your vehicle is registered in the UK. The s.172 obligation falls on the registered keeper regardless of where they were at the time. If the vehicle was used by someone else while you were abroad, provide that person's details.

If I name another driver, will the police chase them instead of me?

Yes. Providing the correct driver's details transfers the speeding investigation to the identified driver. They will receive the NIP and any subsequent penalty. The registered keeper is not liable for the driving offence — only for the s.172 obligation to respond.

Section 172 Response Deadline — 28 Days to Name the Driver

By GetRighted Legal Research TeamLast updated July 2026

Summary

Road Traffic Offenders Act 1988, s.172 requires the registered keeper to provide the police with the name and address of the driver at the time of the alleged offence, within 28 days of the request. Failure to respond is itself an offence under s.172(3) — carrying a fine and 6 penalty points on the registered keeper's licence. This is often more severe than the original speeding penalty. Even if you believe the NIP was served late (giving a speeding defence), you must still respond to the s.172 request.

Section 172 Deadline

When you must respond and what happens if you do not:

1Day 0: Section 172 notice received (usually arrives with the NIP)
228 days from receipt: Hard deadline to provide driver's details in writing
3If you are the driver: Provide your own details and accept any offer of fixed penalty or course
4If someone else was driving: Provide their name and address — you are not liable for their offence
5If company vehicle: Company must provide the driver's details under s.172(4)
6Failure: Separate s.172 offence — 6 points and fine

The Worst Outcome Is Failing to Respond

A s.172 offence carries 6 penalty points — the same as dangerous driving and worse than most speeding offences. It also carries a fine of up to £1,000. Magistrates have limited discretion because it is a strict liability offence with a narrow special reasons defence. Do not ignore a Section 172 notice. Even if you dispute the original offence, respond to s.172 and raise your separate defence later.

What to Do

On receiving a Section 172 notice:

✓Note the 28-day deadline printed on the notice
✓If you were driving: complete the response form and return it promptly
✓If someone else was driving: provide their name, address, and date of birth as requested
✓If you cannot identify the driver: seek legal advice immediately before the deadline
✓Keep a copy of your response and send it by recorded delivery
✓If raising a late-NIP defence: still respond to s.172, then raise the timing issue separately

The Law
Road Traffic Offenders Act 1988, s.172(2): 'Where the driver of a vehicle is alleged to be guilty of an offence... the keeper of the vehicle must give such information as to the identity of the driver as he may be required to give.' s.172(3): 'A person who fails to comply with a requirement under subsection (2) is guilty of an offence.' The maximum fine is level 3 on the standard scale (currently £1,000) and the conviction carries 6 penalty points.

Sources

Road Traffic Offenders Act 1988, Section 172
O'Halloran and Francis v United Kingdom (2007) 46 EHRR 21
Road Traffic Act 1988

Frequently Asked Questions

Can I refuse to respond to a Section 172 notice on the grounds that answering might incriminate me?: No. The right against self-incrimination does not apply to s.172 requests — this was confirmed by the European Court of Human Rights in O'Halloran and Francis v UK [2007] 46 EHRR 21. The obligation to respond is absolute. Refusing to respond means a separate 6-point conviction.
I genuinely cannot remember who was driving at the time — what do I do?: You must still respond to s.172. If you genuinely cannot identify the driver after making reasonable enquiries, you should say so in writing and explain what enquiries you made. This may be accepted, but it is not guaranteed. Seek legal advice promptly if you are in this situation.
I was not in the UK when the alleged offence occurred — does s.172 still apply?: Yes, if your vehicle is registered in the UK. The s.172 obligation falls on the registered keeper regardless of where they were at the time. If the vehicle was used by someone else while you were abroad, provide that person's details.
If I name another driver, will the police chase them instead of me?: Yes. Providing the correct driver's details transfers the speeding investigation to the identified driver. They will receive the NIP and any subsequent penalty. The registered keeper is not liable for the driving offence — only for the s.172 obligation to respond.

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Section 172 Response Deadline — 28 Days to Name the Driver

Section 172 Deadline

What to Do

Sources

Frequently Asked Questions

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