Motoring offences
Failing to produce driver details
If you are accused of a driving offence without being stopped by the police, you will receive a Notice of Intended Prosecution combined with a s172 notice. You must respond — failing to do so is an offence in its own right.
Last reviewed: 2 August 2026
The offence explained
You can be charged with failing to provide driver details if you are the registered keeper or driver of a vehicle alleged to have been involved in specified road traffic offences — which include speeding, going through a red traffic light, and careless driving. If you were the registered keeper but not the driver at the time, you must provide details of the driver as required by the police.
The Notice of Intended Prosecution
Where the driver is not stopped at the time, the information is requested in writing by a Notice of Intended Prosecution (NIP) combined with a s172 notice. The NIP must be sent to the driver or registered keeper within 14 days of the offence, excluding the date of the offence itself. It can be served by recorded delivery, registered post, hand delivery, or first or second class post. If the time limits are not complied with, subsequent proceedings may be a nullity.
The s172 notice
The s172 notice requires you to say who was driving at the time of the offence. You have 28 days from the date of service to return it. If you fail to return it within 28 days, you are likely to be prosecuted for failing to give driver details.
If you did not know who was driving, you must still complete and return the form within 28 days, giving details of all possible drivers.
Is it a defence that I did not know who was driving?
You may have a defence if you did not know who was driving and could not, with reasonable diligence, have ascertained who the driver was at the time of the incident.
Are there any other defences?
You may have a defence if you never received the NIP or the s172 notice, or if the information for the offence was laid before the court more than six months after the date of the offence.
What if the offence was committed in a company car?
The directors or managers of the company are obliged to complete and return the s172 notice. If it is not returned and the offence is proved to have been committed with the consent, connivance or neglect of a director, manager or the company secretary, that individual can be prosecuted as well as the company.
It is a defence for a company to establish that it did not know who was driving, could not with reasonable diligence have found out, kept no records of who was driving at the time, and that it was reasonable not to keep such records.
What is the maximum penalty?
For an individual: a fine of up to £1,000 and 6 penalty points or a discretionary disqualification. For a company: a fine of up to £1,000. The offence is summary only, so it is dealt with in the Magistrates’ Court.
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