Road traffic
Fail to give information of driver’s identity
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.
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.
- Statute:Road Traffic Act 1988, s.172 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗