Drivers throughout the UK could receive an important letter from the police which, if disregarded, may lead to court proceedings. Law enforcement typically dispatches various letters or notices depending on the nature of the alleged motoring violation.
Typically, motorists will receive a Section 172 notice together with a Notice of Intended Prosecution (NIP) when authorities suspect their vehicle has been involved in an offence, such as breaking the speed limit or running a red light.
If speed cameras catch you driving beyond the legal limit, police must dispatch the letter within a fortnight of the alleged violation. Once you receive this documentation, you have 28 days to respond to the Section 172 by revealing to the police who was behind the wheel at the time of the suspected offence.
Responding to this correspondence is a legal requirement, with Section 172 of the Road Traffic Act 1998 stating: "Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies...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 or the Chief Constable of the British Transport Police Force, and 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."
Official guidance on GOV.UK warns that ignoring the notice could lead to court proceedings. The same guidance also points out that pleading not guilty to an alleged offence could result in a higher fine and additional penalty points compared to entering a guilty plea.
According to Government information, penalties vary depending on the speed limit and the extent to which it was exceeded. Generally, the fine comprises a percentage of your weekly income, capped at £1,000, or £2,500 if the violation occurred on a motorway. Drivers could also face disqualification or licence suspension.
Whilst registered keepers are legally required to help identify a driver under Section 172 of the Road Traffic Act, there exists a defence that may shield the keeper from potential prosecution. A subsection within the legislation states that an individual shall not be deemed guilty of an offence if they can prove that "he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was".
However, if you receive a Section 172 notice together with an NIP, it's generally advisable to obtain professional legal counsel. Complete details of Section 172 of the Road Traffic Act 1988 are available to view online here.