Road Traffic Act 1988, section 172

Duty to give information as to identity of driver etc in certain circumstances

Part VII Miscellaneous and General

(1)This section applies—

(a)to any offence under the preceding provisions of this Act except—

(i)an offence under Part V, or

(ii)an offence under section 13, 16, 51(2), 61(4), 67(9), 68(4), 96 or 120,

and to an offence under section 178 of this Act,

(b)to any offence under sections 25, 26 or 27 of the Road Traffic Offenders Act 1988,

(c)to any offence against any other enactment relating to the use of vehicles on roads, F1191. . . and

(d)to manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle.

(2)Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a)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 [F1192 or the Chief Constable of the British Transport Police ForceF1192] , and

(b)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.

(3)Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.

(4)A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.

(5)Where a body corporate is guilty of an offence under this section and the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

(6)Where the alleged offender is a body corporate, or in Scotland a partnership or an unincorporated association, or the proceedings are brought against him by virtue of subsection (5) above or subsection (11) below, subsection (4) above shall not apply unless, in addition to the matters there mentioned, the alleged offender shows that no record was kept of the persons who drove the vehicle and that the failure to keep a record was reasonable.

(7)A requirement under subsection (2) may be made by written notice served [F1193 in accordance with Criminal Procedure Rules, if the alleged offence took place in England and Wales, or by post otherwiseF1193] ; and where it is so made—

(a)it 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

(b)the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.

[F1194 (7A)For the purposes of subsection (7) (as it applies in relation to an alleged offence in England and Wales)—

(a)Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

(b)any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.F1194]

(8)Where the person on whom a notice under subsection (7) above is to be served is a body corporate, the notice is duly served if it is served on the secretary or clerk of that body.

(9)For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section the proper address of any person in relation to the service on him of a notice under subsection (7) above is—

(a)in the case of the secretary or clerk of a body corporate, that of the registered or principal office of that body or (if the body corporate is the registered keeper of the vehicle concerned) the registered address, and

(b)in any other case, his last known address at the time of service.

(10)In this section—

  • “registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under [F1195 the Vehicles Excise and Registration Act 1994 F1195] with respect to that vehicle as being that person’s address, and

  • “registered keeper”, in relation to a vehicle, means the person in whose name the vehicle is registered under that Act;

and references to the driver of a vehicle include references to the rider of a cycle.

(11)Where, in Scotland, an offence under this section is committed by a partnership or by an unincorporated association other than a partnership and is proved to have been committed with the consent or connivance or in consequence of the negligence of a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he (as well as the partnership or association) shall be guilty of the offence.F1190]

Definitions used in section 172 4

road

“road”

Defined in s.192(1) · see it in the full Act
driver

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
cycle

“cycle” means a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor vehicle,

Defined in s.192(1) · see it in the full Act

Cases considering section 172 26

Director of Public Prosecutions v Denis Micura

[2025] EWHC 2798 (Admin) · 28 October 2025Limits

Section 172(10) defines the registered keeper by reference to registration under the Vehicle Excise and Registration Act 1994. The judgment uses that distinction to confirm that the statutory obligation concerns the actual keeper, not merely the registered keeper. (see paras [60]-[61]) The judgment construes section 172(2) as imposing different obligations on the actual keeper at the time of the offence under paragraph (a), and on any other person under paragraph (b). The latter obligation extends to information in the person’s power which may lead to identification of the driver, including the previous keeper’s details. (see paras [47]-[53]; [59]-[67]) Section 172(2)(a) applies to the person who had actual care and control of the vehicle at the date of the alleged offence, rather than merely the registered keeper or a subsequent keeper. (see paras [60]-[63]) Section 172(2)(b) requires a person other than the keeper to give information in their power which may lead to identification of the driver. In this case, that included identifying the previous keeper. (see paras [47]-[50]; [67]-[70]) Section 172(3) creates the offence of failing to comply with a requirement under section 172(2). The respondent’s failure to provide the previous keeper’s details meant that he was guilty of the offence. (see paras [50]; [63]-[70]) The section 172(4) defence is confined to cases arising under section 172(2)(a). It is unavailable to a person whose obligation arises under section 172(2)(b), even where that person cannot identify the driver. (see paras [50]-[53]; [59]; [62]-[64])

Lympne v Director of Public Prosecutions (includes Costs)

[2018] EWHC 100 (Admin) · 30 November 2017Interprets

The provision confirmed that section 172 applied to the alleged speeding offence. (see paras [4]-[5]) The court applied the requirement to supply information identifying the driver and distinguished that obligation from compliance with the layout of the supplied form. (see paras [37]-[44]) A vehicle keeper who does not name the driver fails to comply with the requirement, even where two possible drivers are identified. The failure remains subject to the statutory defence. (see paras [37](3); [38]; [42]) Cited only. Failure to identify the driver constituted the offence, subject to the defence in section 172(4). The offence was not established merely by completing the supplied form in an unintended manner. (see paras [37]-[38]; [42]-[44]) The defence required consideration of whether the keeper did not know and could not with reasonable diligence have ascertained the driver. The District Judge erred by failing to determine it. (see paras [38]; [40]; [44]) The provision permits a section 172 requirement to be made by written notice served by post. (see paras [7]; [28]) The posted notice required the information to be provided within 28 days beginning with service. (see para [7])

Phiri v Director of Public Prosecutions

[2017] EWHC 2546 (Admin) · 10 October 2017Interprets

Section 172 imposes an obligation on a registered keeper, in specified circumstances, to provide information identifying the driver. The court treated that obligation as personal and upheld the conviction where the appellant delegated posting the response to workplace staff (see paras [10], [22]-[27]). Section 172(2) requires the person keeping the vehicle to provide driver-identification information, while imposing a corresponding obligation on other persons to provide information in their power. The court applied the keeper’s obligation as a personal responsibility (see paras [10], [22]-[24]). The provision requires the person keeping the vehicle to give information about the driver when properly required. The court held that the duty had not been discharged because the appellant left fulfilment of it to a third party (see paras [10], [23]-[27]). The provision was treated as imposing a personal burden on the recipient to provide driver-identification information. The appellant’s reliance on the workplace post room did not satisfy that burden (see paras [9], [23]-[27]). The court applied the offence created by failure to comply with a section 172(2) requirement. The conviction was upheld because the appellant had not provided the required information to the police (see paras [10], [26]-[28]). The court applied the statutory provisions governing a requirement made by written notice served by post, including the period for providing information and the available statutory exceptions (see para [10]). The provision was cited as establishing the 28-day period for providing information after service of the notice. The appeal was decided on the separate question whether the appellant had personally provided the information (see para [10]). The provision was identified as protecting a person who shows that it was not reasonably practicable to provide the information. The court upheld the conviction because the appellant had not shown that he had discharged the underlying personal obligation (see paras [10], [14]-[15]).

6 more judgments, and what each says about section 172, are in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F1190S. 172 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 21; S.I. 1992/1286, art. 2, Sch.
  2. F1191Words in s. 172(1)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14
  3. F1192Words in s. 172(2)(a) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 22(2), 57(3)
  4. F1193Words in s. 172(7) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 10(3)(a)
  5. F1194S. 172(7A) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 10(3)(b)
  6. F1195Words in s. 172(10) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 24(1) (with s. 57(4))