Loren Hills
Associate Chartered Legal Executive
Failure To Provide Driver Information
If you’ve been accused of failing to provide driver information, you are facing a serious motoring offence. Under Section 172 of the Road Traffic Act 1988, the police have the power to require a registered keeper - or any person able to assist - to identify the driver of a vehicle at the time of an alleged motoring offence.
Failing to comply can result in six penalty points, a substantial fine, and in some cases, the loss of your licence.
What is failing to provide driver information?
For some motoring offences there’s a requirement for the police to issue a warning for an intended prosecution. This includes offences such as speeding, failing to comply with a traffic sign and driving without due care and attention.
If you’ve been stopped by the police, then you must be warned in clear terms that you could face a driving prosecution. If you aren’t warned at the time, or if the police didn’t stop you, then the police must serve a Notice of Intended Prosecution and Section 172 Request for driver information upon the registered keeper of the vehicle within 14 days of the alleged offence.
You may be charged with failing to provide driver information if you:
- Do not respond to a Section 172 notice within 28 days; or
- Refuse to name the driver of the vehicle when legally required; or
- Provide insufficient or unclear information that prevents the police from identifying the driver.
Why this offence is serious
Failing to provide driver information is treated more seriously than many underlying motoring offences because it obstructs the police’s ability to investigate road traffic incidents.
Penalties can be severe:
- Six penalty points
- A fine of up to £1,000
For new drivers, six points will result in automatic licence revocation, requiring both driving tests to be retaken. For experienced drivers already carrying six or more points, a further six points may trigger a minimum six-month disqualification under the totting up rules.
What should you do if you're accused?
If you receive an allegation of failing to provide driver information, you will usually receive either a Fixed Penalty Notice or a Single Justice Procedure Notice starting court proceedings. It is crucial to seek legal advice immediately.
You should never:
- Claim you did not receive the NIP if you did
- Name another person as the driver if you know they were not driving
- Blame someone abroad to avoid penalty points
These actions risk a perverting the course of justice allegation, which is far more serious and can lead to imprisonment.
Speak to our experts
We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.
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Complete our enquiry form and one of our experts will contact you by the next working day.
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Do you have a defence?
The law recognises a number of valid defences. You may not be guilty if:
- You did not know who the driver was, despite using reasonable diligence. You must show you took proactive steps to identify the driver - for example, checking diaries, receipts, phone records, CCTV, or speaking to anyone who may have had access to the vehicle.
-
It was not reasonably practicable for you to provide the information.
This could include:
- Being away from home for a prolonged period
- Not receiving the request in the first place
- Responding as soon as reasonably possible after becoming aware
We can also sometimes negotiate a plea to the original offence (for example, a minor speeding allegation) which may attract only three points instead of six.
How we can help
Whether you intend to plead guilty or not guilty, obtaining specialist legal advice is essential.
We can:
- Review all correspondence, notices, and timelines
- Assess whether the police complied with the statutory requirements
- Identify whether a defence applies
- Advise you on plea options, including negotiation to a lesser offence
- Represent you in court to minimise penalties or avoid conviction.
Our team includes highly experienced motoring law solicitors supported by expert barristers, and we work flexibly across the UK - meeting in person or remotely, depending on your preference .
Frequently Asked Questions
It means failing to give the police the information they request under Section 172 about who was driving your vehicle at the time of an alleged offence. This is a separate criminal offence from the original alleged driving offence.
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