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Fail to give information of driver’s identity

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Fail to give information of driver’s identity

Road Traffic Act 1988, s.172

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Where the driver is alleged to be guilty of a s.172 offence, the keeper must give such information as to the identity of the driver as required by or on behalf of a chief officer of police; any other person must give information in their power that may lead to identification (RTA 1988, s.172(2)). Failure is an offence (s.172(3)).

Mens rea

  • Failure to comply with the requirement. The keeper has a specific defence in s.172(4).

Defences

Keeper: did not know and could not with reasonable diligence have ascertained who the driver was (s.172(4)) · No valid requirement / offence not within s.172(1) · Information was given

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 6 points ( for limited companies, endorsement is not available; a fine.

View definitive guideline ↗

At the police station

NIP / s.172 notice dates and who was the registered keeper that day are the file. Companies have extra record-keeping rules in s.172(6).

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.