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Failing to give information about the driver

s.172Road Traffic Act 1988

The keeper of a vehicle, or anyone else, failing to give information identifying the driver when required to by or on behalf of a chief officer of police, after an offence is alleged.

Failing to give information about the driver · Road Traffic Act 1988, s.172Card 115 / 195

Points to prove

The driver of a vehicle was alleged to be guilty of an offence to which s.172 applies
A requirement was made by or on behalf of a chief officer of police (or the Chief Constable of the British Transport Police)
s.172(2)(a)The defendant was the keeper and failed to give the information required as to the identity of the driver
s.172(2)(b)Or, the defendant was any other person and failed to give information in their power that may lead to identification of the driver

Key definitions

Offences to which it applies – s.172(1): most offences under the Road Traffic Act 1988 (with some exceptions), certain Road Traffic Offenders Act offences, other offences relating to the use of vehicles on roads (such as speeding), and manslaughter by the driver of a motor vehicle.
Driver – s.172(10): includes the rider of a cycle.
Written notice – s.172(7): where the requirement is made by notice, the information must be given within 28 days of service.

Defences

Keeper did not know – s.172(4): the keeper shows they did not know, and could not with reasonable diligence have found out, who the driver was.
Company keepers – s.172(6): a body corporate must also show that no record was kept of who drove the vehicle and that not keeping one was reasonable.
Late reply – s.172(7)(b): the person gave the information as soon as reasonably practicable after the 28 days, or it was not reasonably practicable to give it.

Good to know

Penalty points: obligatory endorsement with 6 points and discretionary disqualification, except where a company officer is liable under s.172(5).
Directors and managers can be liable where a company’s offence results from their consent, connivance or neglect (s.172(5)).
The duty to name the driver does not breach the right against self-incrimination (O’Halloran and Francis v United Kingdom 2007, European Court of Human Rights).
Fixed penalty notice available. Six-month time limit for prosecution.

Legislation: Road Traffic Act 1988, s.172 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Fine of up to £1,000 (level 3)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Failing to give information about the driver: questions people ask

What are the points to prove for failing to give information about the driver?

1. The driver of a vehicle was alleged to be guilty of an offence to which s.172 applies 2. A requirement was made by or on behalf of a chief officer of police (or the Chief Constable of the British Transport Police) 3. The defendant was the keeper and failed to give the information required as to the identity of the driver 4. Or, the defendant was any other person and failed to give information in their power that may lead to identification of the driver

What is the maximum sentence for failing to give information about the driver?

Fine of up to £1,000 (level 3)

Is failing to give information about the driver a summary, either-way or indictable offence?

Failing to give information about the driver is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is failing to give information about the driver?

Failing to give information about the driver is an offence under the Road Traffic Act 1988, s.172.

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