Motorists throughout the UK could receive a vital letter that, if disregarded, may lead to a penalty of up to £1,000 and six points on their driving licence.
Typically, drivers will receive a Section 172 notice alongside a Notice of Intended Prosecution (NIP) when authorities believe their vehicle has been involved in committing an offence, such as exceeding speed limits or running a red light.
Should you be caught speeding by a speed camera, police must dispatch the letter within 14 days of the alleged offence date. Upon receiving the correspondence, you have just 28 days to respond to the Section 172 by informing police who was behind the wheel when the offence is thought to have occurred.
Responding to the letter is a legal requirement, with Section 172 of the Road Traffic Act 1998 stipulating: “Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies…the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police or the Chief Constable of the British Transport Police Force, and any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.”
Official guidance on GOV.UK emphasises that you may be required to attend court if you disregard the notice after it arrives.
Should you find yourself in court for ignoring an offence, you could face the prospect of a £1,000 fine and six penalty points on your licence – bear in mind, this typically represents a harsher penalty than what you might receive for speeding, depending on the situation.
Defences against a Section 172 notice
Whilst the vehicle owner bears a legal responsibility to assist in identifying a driver under Section 172 of the Road Traffic Act, there exists a defence that might shield the owner and prevent potential prosecution.
A subsection of the legislation establishes that an individual shall not be deemed guilty of an offence if they can prove that “he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was”. Another potential defence involves demonstrating that it was not reasonably practicable to respond to the notice within the 28-day timeframe.
For instance, you might not have been at your registered address when the notice was dispatched, such as during a holiday, or you may never have received the original notice because it was mislaid or lost during postal delivery. Nevertheless, if you do receive a Section 172 notice and a NIP, it is generally advised that you obtain professional legal counsel.
Complete details of Section 172 of the Road Traffic Act 1988 can be accessed online free of charge here.
