In circumstances where the Police wish to identify the identity of a driver in relation to a potential road traffic offence, a Notice under Section 172 Road Traffic Act 1988 (‘the Act’) will be served.
Suki Randhawa of Kangs Solicitors explains the effects of such a Notice.
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Effects of a Section 172 Notice | Kangs Road Traffic Offences Team
Upon service of a Section 172 Notice:
- a duty is imposed upon the person receiving it to provide details of the identity of the driver of the vehicle for the relevant period,
- failure to comply with the requirements of the Notice can lead, on summary conviction, to a fine, discretionary disqualification or an obligatory endorsement of six penalty points, if not disqualified.
Potential Defences | Kangs Motoring Offences Solicitors
In response to a charge of failure to comply with a Notice, a Defendant may claim that he:
- did not know the identity of the relevant driver at the time of receipt of the request, and
- used reasonable diligence to ascertain that driver’s identity upon receipt of the request.
When determining time scales, the Act states at:
- Section 172(7)(a) that written notice served by post ‘shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served’ and
- Section 172(7)(b) the person upon whom the notice is served shall not be guilty of an offence if he shows that he gave the information as soon as reasonably practicable after the end of that period.
How Can I Contact You? | Kangs Criminal Defence Solicitors
Our award-winning team of solicitors is nationally reputed for its excellence in criminal and motoring offences of every nature.
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