What is Section 172 of the road traffic Act?

Section 172 of the Road Traffic Act 1988 is the legal requirement of a registered vehicle keeper to provide details to the police regarding an alleged traffic offence. The notice requires the vehicle keeper to provide the police with the details of the driver during the incident.

What is Section 170 road traffic?

Road Traffic Act 1988, section 170 If you are a driver involved in a road traffic accident which causes injury to another person or damage to another vehicle, property or animal, then you must stop at the scene of that accident to provide your details.

What driving Offences require a notice of intended prosecution?

Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post.

Is a section 172 a nip?

Enclosed with the NIP will often be a demand under section 172 of the Road Traffic Act 1988 (RTA 1988) for the registered keeper of the vehicle to supply the details of who was driving the vehicle at the time of the alleged offence. This is a separate matter to the alleged offence of speeding under the NIP.

What happens if I get a notice of intended prosecution?

The notice of intended prosecution will be sent to the address of the registered owner of the vehicle. If this is the company vehicle then it will usually be sent to the leasing company, then to the company and then to an individual.

How long do police have to issue an S172?

If you receive a NIP, you have 28 days from the date of receipt to either confirm you were the driver or provide the name and address of the person driving at the time of the offence. If you fail to respond to this notice within the timeframe, you may be charged under Section 172 of the Road Traffic Act 1988.

What is the penalty for failing to stop after an accident?

Failing to stop after an accident is a serious offence that can attract penalty points as well as a financial penalty. In extreme cases, the courts may decide to impose a disqualification from driving and a term of up to 6 months’ imprisonment.

What happens if you get a notice of intended prosecution?

How long do the police have to serve a notice of intended prosecution?

within 14 days
When you receive a NIP it doesn’t automatically mean that you are going to face prosecution, it is a warning that you may face prosecution. The NIP must be served on the driver or registered keeper within 14 days of the offence otherwise the offence cannot proceed at court.

Can you complete a section 172 online?

You can complete the Single Justice Procedure Notice and return it in the post, or you can complete it online. However, if you want to return it with any documents (for example, character references or medical certificates) then you will need to send it by post.

What happens if I ignore a notice of intended prosecution?

You have a legal obligation to respond to a NIP received in your name within the 28-day time limit. If you fail to respond to the Notice, you will be referred to the Magistrates’ Courts for failure to provide the information, as well as for the original offence.

What happens after a section 172?

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.

What happens if you don’t respond to a notice of intended prosecution?

After the initial notice, the police will pursue the matter with no time restriction as the initial obligation has been fulfilled. However, if they fail to provide the initial notice of intended prosecution within 14 days, then the police will not be able to prosecute the offender.

Is there a time limit to notify a speeding offence?

The law states that the police must send the NIP within 14 days of the offence, not including the day it happened. So, the NIP you receive must be dated within 14 days of the offence. If it is dated outside of this time, the notice is invalid.

Is MS90 a serious offence?

Penalty for an MS90 conviction (Sentencing Guidelines) Failure to provide driver information is serious and fines are large.

Is it a crime to not stop at a car accident?

You must report the collision no matter who was at fault. If you don’t stop at the scene or report an incident you could be committing an offence and be charged.

How long after a road traffic offence can you be charged?

The 14 days starts running from the date of the offence and as long as the notice of intended prosecution is sent to the registered owner within 14 days, that will mean that a prosecution can be pursued even though the driver may not receive a notice intended prosecution within those 14 days.