Section 172 Notice 

Section 172 of the Road Traffic Act, 1988, gives the police the power to serve a Section 172 Notice upon the registered keepers of vehicles, to whom the section applies, of a requirement to identify the driver at the time of an alleged offence.

What will happen if I fail to comply?

Failure to comply within 28 days of service of the requirement is itself an offence (subject to certain statutory defences) punishable by 6 penalty points and a fine.  However, a person shall not be ‘Guilty’ of this offence if he or she shows that he did not know and could not with reasonable diligence have ascertained who the driver was.

What is the penalty if convicted of failing to notify the identity of the driver?

The penalty for failing to comply with the Section 172 notice is by way of a fine and the endorsement of 6 penalty points upon your licence. 

I have committed this offence and now have 12 or more penalty points on my driving licence. What should I do now?

You will be required to attend court with a view to being disqualified for at least 6 months. Exceptional Hardship, if you need your licence and do not want to be disqualified you should consider whether such a disqualification would cause you ‘exceptional hardship’.  If you can prove that it would the court possess a discretion not to ban you or to ban you for a lesser period. 

What circumstances constitute exceptional hardship? If you need advice upon whether your circumstances could be regarded as causing ‘exceptional hardship’ you should obtain legal advice.

Sunil Rupasinha 
Motoring Offences Lawyer

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