A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988.. Road Traffic Act 1988, section 172. Many people will have heard of the 'right to remain silent' or make 'no comment' when it comes to police questioning a person suspected of a criminal offence. However, because of what is regarded as the strong public interest in maintaining road safety, that 'right to silence' does not apply if.
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Under Section 172 of the Road Traffic Act 1988, where the driver of a vehicle is alleged to have committed an offence: The keeper commits an offence if they fail to provide information about the identification of the driver at the time of the offence - section 172 (2)(a)); and. The Road Traffic Act 1988 section 172 is an important piece of legislation. It imposes a duty upon 2 different classes of people to provide information as to the identity of the driver of a vehicle in certain circumstances. Failure to comply with a requirement under section 172 carries a penalty of 6 penalty pointsand a fine of up to £1000.
