Section 172: Identify the Driver

Section 172

Notice of Intended Prosecution

The Notice of Intended Prosecution (NIP) is two completely separate documents which are frequently combined on to one piece of paper, typically following speed camera activation.

Failure to comply with the requirement to give notice of intended prosecution within 14 days of an offence can be fatal to the prosecution case. The legislation only applies to certain offences which are listed in the Act, including:

  • Dangerous driving
  • Driving without due care and attention
  • Leaving a vehicle in a dangerous position
  • Speeding

The NIP only needs to be sent to the last known keeper to satisfy the requirement; this may be important if you have a company or hire/lease car. In such situations you should check with the registered keeper when they received the first Notice.

If you think there may be a problem with the timing of a Notice of Intended Prosecution please contact our Motoring Team on 01279 755777, or speak to Dan Hart, Solicitor in our Motoring Department. 

Section 172 Road Traffic Act

The requirement to give information is made under Section 172 of the Road Traffic Act 1988 in a separate document, often on the same sheet of paper.

This Notice is a requirement made on behalf of the police to give certain information (normally the name and address of the driver) at the time of an offence. For the notice to be valid it must identify:

  • The location of the offence
  • The time of the offence
  • The date of the offence
  • The legislation defines two groups of people.

Registered Keepers

There is a slightly more demanding obligation based on the presumption that they should have some idea who they have allowed to use their car.

“Any other person”

This group of people have information to give which might assist in identifying the other driver. In the eyes of the court, everyone has some information to give.

It is important that if you do not ignore a Notice if you receive one – there is a time limit to respond. If you are a company or individual with a vehicle/s that you are responsible for, speak to us about ways of ensuring that you do not fall foul of this legislation. We are able to advise you on how to reduce the risk of prosecution.

For more information on Section 172 Road Traffic Act and Notice of Intended Prosecution, please contact our Motoring Team on 01279 755777 or get in touch with Pete Dodd, Partner in our Motoring Team.

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