Motoring Law
Failing to Identify the Driver (Section 172): Solicitor Sean Reilly, Manchester and the North West
Failing to identify the driver is an offence under section 172 of the Road Traffic Act 1988. It applies when the registered keeper does not tell the police who was driving after receiving a Section 172 notice, and for individuals it carries 6 penalty points (endorsement code MS90) and a fine. Solicitor Sean Reilly can review your notice, explain whether a defence may apply and help you respond or prepare for court.
A Section 172 notice is a formal request from the police asking the registered keeper of a vehicle to say who was driving at the time of an alleged offence. It is often sent together with a Notice of Intended Prosecution, for example after a speed camera or red light camera has recorded the vehicle. The response is usually required within 28 days.
Many people treat the form as paperwork and put it to one side. That can be a costly mistake. Failing to provide the information is a separate offence under section 172 of the Road Traffic Act 1988, and it is often treated more seriously than the original allegation. A speeding offence might carry 3 points, while a Section 172 conviction for an individual carries 6 penalty points, recorded as MS90, and a fine of up to £1,000.
Those 6 points matter. If you already have points on your licence, an MS90 endorsement can take you to 12 points and a totting-up disqualification. If you passed your driving test within the last two years, 6 points can mean your licence is revoked and you have to apply for a provisional licence and pass your test again.
Where the registered keeper is a company, the company can also be prosecuted for failing to give the information. For a company the penalty is a fine. Businesses that run fleet, pool or hire vehicles need clear records of who was using each vehicle and when, because the duty to respond still applies.
The law does provide a statutory defence. A keeper is not guilty if they can show that they did not know, and could not with reasonable diligence have found out, who was driving. Reasonable diligence means genuine effort: checking diaries, insurance records, fuel receipts, work rotas, booking records and asking anyone who may have used the vehicle. Whether the defence applies depends on the facts and the evidence, so early advice matters.
Section 172 problems often arise in ordinary situations. The notice may have been sent to an old address because the V5C logbook was not updated. The car may be shared between family members or housemates and nobody can remember who was driving on a particular day. It may be a company or hire vehicle used by several people. Sometimes the notice arrives late, or not at all, and the first the keeper hears of it is a court summons.
Sean Reilly looks at the whole picture: when and where the notice was sent, what response was given, what records exist, and what the prosecution has to prove. He will explain your options in plain language, whether that is responding to the notice properly, putting forward a statutory defence, or presenting mitigation to the court. If points look likely, he will also consider the effect on your licence, including any exceptional hardship argument if you face a totting-up ban.
If you have received a Section 172 notice, or a summons for failing to identify the driver, do not wait until the deadline has passed. Call 07538 545 934 for a free initial call. STR Legal Ltd is a consultancy, not an SRA-regulated law firm. Legal services are provided through SRA-regulated law firms, as explained on our How We Work page.
Related guidance: speeding offences, totting up and exceptional hardship, how fees work, how we work and regulation, or get in touch with Sean.
Penalties you could face
- 6 penalty points for individuals, endorsement code MS90
- A fine of up to £1,000 for individuals
- A fine for companies prosecuted as the registered keeper
- Possible totting-up disqualification if you already have points
- Licence revocation for drivers within two years of passing their test
How Sean can help
- Reviewing whether the notice was properly sent and to the right address
- Advising on the statutory defence where the driver could not be identified with reasonable diligence
- Helping gather records such as insurance, rotas, receipts and booking logs
- Mitigation and exceptional hardship arguments where points could lead to a ban
Frequently asked questions
What is an MS90 offence?
MS90 is the endorsement code for failing to give information as to the identity of the driver under section 172 of the Road Traffic Act 1988. For individuals it carries 6 penalty points and a fine of up to £1,000.
How long do I have to respond to a Section 172 notice?
The response is usually required within 28 days. Check the date on your notice and get advice early if you are unsure who was driving or how to answer.
Can I be prosecuted if I genuinely don't know who was driving?
You can be prosecuted, but there is a statutory defence if you did not know, and could not with reasonable diligence have found out, who was driving. Whether it applies depends on the facts and the evidence of the efforts you made.
Is failing to identify the driver worse than the speeding offence?
It often carries a heavier penalty. A lower-end speeding offence may mean 3 points, while a Section 172 conviction for an individual means 6 points and a fine.
What if I never received the notice?
This is a common situation, for example where the notice went to an old address or arrived late. The circumstances of how and where it was sent can be important, so speak to Sean as soon as you find out about the case.
Can a company be prosecuted under Section 172?
Yes. Where a company is the registered keeper it has the same duty to identify the driver, and a company convicted of the offence faces a fine.
Could 6 points cost me my licence?
Yes. If you already have points, 6 more can lead to a totting-up disqualification. If you passed your test within the last two years, 6 points can mean your licence is revoked.
Failing to Identify the Driver (Section 172) advice across the North West
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