Can I be prosecuted for both the speeding offence and failing to respond?

Yes. Police may charge both: the underlying offence and the s.172 failure. Courts can impose separate penalties for each, and the non-response charge carries its own 6 points.

Does the Section 172 notice need to arrive within 14 days?

No — the 14-day NIP requirement is separate and applies to the underlying offence. The s.172 notice can follow the NIP and is not time-limited in the same way, though it must be sent within a reasonable time.

What if I genuinely do not know who was driving?

You must explain why with as much detail as possible. Courts expect reasonable records. If you lend your car frequently to family members, stating that is better than claiming total ignorance. Consider consulting a solicitor before responding.

Section 172 Notice

By GetRighted Legal Research TeamLast updated July 2026

Summary

When a vehicle is caught by a speed camera or involved in a traffic contravention, the police cannot always identify the driver from the image alone. Section 172 of the Road Traffic Act 1988 gives them the power to require the registered keeper — and any other person who may have information — to identify who was driving. Failure to furnish the information within 28 days is itself a criminal offence carrying a fine at level 3 on the standard scale and 6 penalty points — often heavier than the underlying speeding offence. A registered keeper cannot use ignorance of the driver as an excuse unless they can show due diligence.

The legal framework

Section 172 RTA 1988 imposes a legal duty on the registered keeper and on any other person who may know who was driving to furnish that information to the police on request. The duty exists even where answering might incriminate the keeper themselves. The House of Lords held in Brown v Stott [2003] 1 AC 681 that requiring self-incrimination under s.172 is compatible with Article 6 ECHR (right to a fair trial) because road safety justifies limited restrictions on the privilege against self-incrimination.

What to do when you receive a Section 172 notice

You must respond within 28 days (the notice will state the exact deadline). If you were driving, identify yourself. If someone else was driving, provide their full name and address to the best of your knowledge. If the vehicle was stolen, attach the crime reference number. If the vehicle was a hire or fleet vehicle, provide the hirer's details. Do not simply ignore the notice — the 6-point penalty for non-response is frequently worse than the underlying offence.

The 'reasonable diligence' defence

A keeper who genuinely cannot identify the driver despite taking all reasonable steps may have a defence under s.172(4) RTA 1988. This is narrow and fact-specific. Courts expect keepers to keep records of who uses their vehicle. Saying 'I can't remember' is unlikely to succeed unless the lapse of time is very significant or the vehicle was used by many people in a documented fleet context.

Responding correctly to a Section 172 notice

✓Note the response deadline on the notice — usually 28 days from the date of the notice.
✓If you were driving: complete the form identifying yourself.
✓If someone else was driving: provide their full name and address.
✓If the vehicle was stolen: include the crime reference number.
✓Return the form by recorded delivery and keep a copy with the postage receipt.

Company vehicles and fleet liability

For company vehicles, the registered keeper is the employer. The employer must identify which employee was driving. Many fleet operators maintain driver logs for exactly this purpose. Failure by a company to identify the driver attracts the same penalties and is treated seriously by magistrates.

Sources

Road Traffic Act 1988, s.172
Brown v Stott [2003] 1 AC 681 (PC)
Road Traffic Offenders Act 1988, s.1

Frequently Asked Questions

Can I be prosecuted for both the speeding offence and failing to respond?: Yes. Police may charge both: the underlying offence and the s.172 failure. Courts can impose separate penalties for each, and the non-response charge carries its own 6 points.
Does the Section 172 notice need to arrive within 14 days?: No — the 14-day NIP requirement is separate and applies to the underlying offence. The s.172 notice can follow the NIP and is not time-limited in the same way, though it must be sent within a reasonable time.
What if I genuinely do not know who was driving?: You must explain why with as much detail as possible. Courts expect reasonable records. If you lend your car frequently to family members, stating that is better than claiming total ignorance. Consider consulting a solicitor before responding.

section-172-response-deadline
NIP (Notice of Intended Prosecution)
nip-14-day-rule
speeding-ticket-nip-late

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