Driving & Motoring Defence
Section 172
Under Section 172 of the Road Traffic Act 1988, the police can require the registered keeper of a vehicle – or anyone else with relevant knowledge – to identify the driver of a vehicle at the time of an alleged offence.
Failing to provide this information is a separate offence, punishable by 6 penalty points and a fine of up to £1,000. In some cases, this can have more serious consequences than the original allegation. For example, a speeding ticket may carry only 3 points, but failing to respond under Section 172 carries 6.
Conviction Code: MS90
Penalties for Failing to Name the Driver
If convicted, the court may impose:
- ▸ 6 penalty points on your licence
- ▸ A fine of up to £1,000
- ▸ A possible disqualification in serious cases
For businesses, a conviction usually results in a substantial fine. Although companies cannot receive penalty points, directors, company secretaries, or managers may also be prosecuted if the failure to respond was due to their negligence or connivance.
Statutory Defences
Statutory Defences
There are only two statutory defences available under Section 172.
1. Reasonable Diligence
The law recognises that it may not always be possible to identify who was driving at the time of an alleged offence, particularly where a vehicle is shared. In these situations, you may avoid conviction if you can demonstrate you used reasonable diligence but were still unable to name the driver.
What does reasonable diligence mean? Courts usually interpret it as “doing your best.” It does not require the impossible, but you must show you took all sensible steps that a reasonable person would take in the circumstances.
Examples of reasonable diligence include:
- ▸ Asking the police for photographic evidence to help confirm who was driving.
- ▸ Checking diaries, work schedules, phone records, or receipts from the relevant date.
- ▸ Speaking to all insured drivers who could have used the vehicle.
- ▸ Looking at maps or journey details, especially if drivers swapped during a trip.
- ▸ Keeping, or attempting to keep, a log if the vehicle is frequently shared.
Burden of proof: Unlike most offences, the responsibility is on you to prove this defence on the balance of probabilities – meaning it must be more likely than not that you genuinely tried your best.
Limits of the defence:
- ▸ Simply saying “I don’t know who was driving” will not succeed.
- ▸ A lack of effort will almost always result in conviction.
- ▸ Nominating someone without certainty, or inventing a driver, risks a charge of perverting the course of justice, which carries the risk of imprisonment.
- ▸ Naming an uninsured driver could lead to an additional offence of permitting someone to drive without insurance.
In short, reasonable diligence means being able to demonstrate that you did everything reasonably possible to identify the driver but could not.
2. Not Reasonably Practicable
You may also have a defence if it was not reasonably practicable to provide the driver’s details within the 28-day deadline. Examples include:
- ▸ The notice was never received.
- ▸ The request was delayed in the post.
- ▸ Circumstances beyond your control prevented a response in time.
If you later provided the details as soon as it was reasonably practicable, this may still form a valid defence.
Corporate Liability
Section 172 and Companies
Where a company is the registered keeper of a vehicle, it must have reliable systems in place to track who is driving. Without this, it will be very difficult to rely on a diligence defence.
Examples of record-keeping systems include:
- ▸ Logbooks
- ▸ Key sign-out processes
- ▸ Digital fleet management tools
In some industries, such as construction or trades where vehicles are frequently shared, it may not always be practical to keep detailed logs. Courts may accept this if the company can show it was not reasonably practicable in the circumstances, or if a system was in place but failed through no fault of management.
Additional Considerations
Other Situations
Response not received – If you can show that you properly completed and posted the form, this may create reasonable doubt.
- ▸ Non-keepers – If you are not the registered keeper, you only need to provide information within your power to give. The prosecution must prove you withheld details.
- ▸ False claims – Providing inaccurate or misleading information can amount to perverting the course of justice, a very serious offence that can carry imprisonment.
Why Section 172 Matters
For individuals, the penalty is often harsher than the original offence.
For businesses, a conviction can mean very large fines and reputational damage.
For directors and officers, there is a real risk of personal liability.
What Happens Next
The Legal Process: What to Expect
Being accused of any offence can be overwhelming, but knowing what lies ahead can make things less daunting.
1. Police Interview
If you are arrested or invited to a voluntary interview:
- ▸ Never attend an interview without a solicitor present
- ▸ We will review the evidence in advance and advise you on the best strategy
- ▸ Our team will be with you throughout questioning to protect your rights and prevent unfair treatment
2. Bail and Release
After interview, the police may:
- ▸ Release you without charge
- ▸ Release you under investigation while further enquiries are made
- ▸ Place you on bail with conditions you must follow
- ▸ Charge you and progress the matter to court
3. Preparing Your Defence
If your case moves forward, we will:
- ▸ Analyse the prosecution’s evidence in detail, including CCTV, forensic, digital, or financial records
- ▸ Identify weaknesses, inconsistencies, and procedural errors
- ▸ Gather defence evidence, witness statements, and expert reports where necessary
- ▸ Work with leading barristers and specialists to build the strongest possible defence
4. Court Representation
Burglary, theft, fraud, and criminal damage cases may be heard in the Magistrates’ Court or the Crown Court, depending on the seriousness of the offence. Our solicitors have extensive experience in both, ensuring:
- ▸ Robust defence strategies are presented clearly and persuasively
- ▸ Mitigating circumstances are highlighted to minimise penalties where appropriate
- ▸ You are supported, advised, and represented at every stage of proceedings
Why Choose MC Solicitors?
At MC Solicitors, we regularly act for both individuals and businesses facing Section 172 allegations. We can:
Assess whether you have a valid statutory defence.
Help you gather evidence of reasonable diligence.
Represent you in court to defend or mitigate the charge.
Ready for Legal Support?
If you’re facing serious allegations, our team is here to provide expert support. Let us help safeguard your rights.