Justin Atkinson
- 21 Aug 2025
- Law Blog
- Motoring Offences
Why ignoring a Section 172 letter can cost you more than the speeding ticket itself.
If the police believe your car was involved in a traffic offence, they can send you a notice asking who was driving.
This comes under Section 172 of the Road Traffic Act 1988.
• You must reply within 28 days.
• If you don’t, you face a £1,000 fine and 6 penalty points – often worse than the original speeding ticket.
• You can only avoid naming the driver if it was genuinely not possible (e.g. you never received the notice, or you did everything you could to find out but couldn’t).
• Giving false details is a serious crime and can even lead to prison.
In short: always respond, always be truthful and act quickly.
Q&A: Understanding Section 172
What is Section 172?
Section 172 gives the police the power to require the registered keeper (or anyone else with knowledge) to identify the driver of a vehicle at the time of an alleged offence. It’s most often used for speeding and red-light camera offences.
Who can be asked to provide driver details?
• The registered keeper of the vehicle.
• Anyone else who might reasonably know who was driving (for example, a company that owns the car or a parent if it’s a family car).
How long do I have to respond?
You usually have 28 days from the date the notice is served to reply.
What happens if I don’t respond?
Failing to provide the information is a separate offence. Penalties include:
• Six penalty points on your licence
• A fine of up to £1,000 This is often more severe than the original speeding penalty.
Are there any defences?
Yes, but they’re limited. You may have a defence if:
• You can show reasonable diligence (you did everything possible to identify the driver but couldn’t).
• It was not reasonably practicable to respond (for example, you never received the notice).
Can I name someone else as the driver?
Yes — but only if they really were the driver. Giving false information is a serious criminal offence (perverting the course of justice) and can lead to prison.
How does this apply to companies?
If the vehicle belongs to a company, the company must still identify the driver. Failure to do so can result in a large fine, and in some cases, company officers may also face investigation and penalty points
Final Word Section 172 is simple in principle - if asked, you must identify the driver or show why you couldn’t. The penalties for failing to comply are heavy — often heavier than the original offence.
Always respond, always be honest, and seek legal advice if you’re unsure. Please contact our Motoring Offences team on 0800 542 4245 or complete an enquiry form on this site.