Section 172 Notice
What is a Section 172 Notice?
Section 172 of the Road Traffic Act, 1988, gives the police power to serve 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.
If you were the driver of the vehicle at the time of the alleged offence you are required to complete part 1 of the Section 172 statement.
If you were not the driver of the vehicle at the time of the alleged offence, you are required to give any information in your power which may lead to the drivers identification by completing the appropriate part of the Section 172 statement.
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 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 disqualifying you from driving for at least 6 months. 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 would possess a discretion not to ban you or to ban you for a lesser period. If you need advice upon whether your circumstances could be regarded as causing ‘exceptional hardship’ you should obtain legal advice.