1503 & 1507. It is no defence that the driver failed to see the sign. It is a mitigating or extenuating circumstance which is directly connected with the commission of the offence and which can properly be taken into consideration by the sentencing court. Know your possible technical defences to protect your licence. Call us on 0161 834 9494 to discuss your case. In the great majority of cases the offence will fall within the second of these provisions. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. If you have received a Notice of Intended Prosecution (NIP) then the police have evidence that you (or the person driving the vehicle at the time) were travelling in excess of the speed limit. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. What is the charge? Under s.96(11)(b) TA 1968 liability also falls upon "any other person (being that driver's employer or a person to whose order the driver was subject) who caused or permitted the contravention". If you were exceeding the speed limit by a great deal, you could receive a ban. The offence under section 87(1) of the Environmental Protection Act 1990. If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. Under s.145 RTA 1988 the policy must be issued by an authorised insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road in Great Britain, i.e. This is not the case so far as the employers or persons in authority are concerned. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. The offence under section 80 of the Explosives Act 1875. information online. The National Protocol for Production and Inspection of Driving Documents 2002, see Annex A below, provides guidance on production of such documents. These offences are triable either way and punishable with a maximum of two years' imprisonment on indictment. Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. Typically, you can expect to receive a notice of intended prosecution on the spot by the police after an alleged driving offence or via the post. Notice Of Intended Prosecution (NIP) - Dont Disappoint Me The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. The 14-day requirement only applies to the first NIP sent. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. There is no time limit for subsequent requests or reminders. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. Posting the notice within 14 days will . You can check whether . You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. Speeding: 'I can't be prosecuted - there's a postal strike!', by Tim A. Totting Up Penalty Points. So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period. If you have received a notice of intended prosecution you may be wondering what it is, read on. Notice of intended prosecution - FightBack Forums - PePiPoo This may be by direct notification to the relevant police process office for transmission to the court or CPS office, and may include a written acknowledgement given to the person making production, which can be produced at court. The purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory. It should, however, be remembered that the driver is the 'person at the wheel; Falsification of records usually takes place to enable more journeys to be undertaken than would be possible during lawful working hours, thereby jeopardising road safety. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. Notice Of Intended Prosecution: What Next? | Caddick Davies It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. The Crown Prosecution Service This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. What is the penalty for speeding or running a red-light? The aim of this protocol is that motorists should be aware of and conform with an agreed national standard for the production of driving documents following a lawful request by a police officer. Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance. Management Personal Responsibility. The expression 'on a road or other public place' is employed frequently in road traffic legislation. Case Study: Speeding . For pelican/zebra crossings and puffin pedestrian crossings see the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400). Can I reject a speeding ticket after 14 days? | The Sun Subsection (3) makes it an offence for the keeper to fail to comply. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. The police will then be able to check your documents and note the fact that you have produced them. Free Legal Info | The Notice of Intended Prosecution - MaryMonsonSolicitors Speeding penalties - GOV.UK Driving a motor vehicle on a road whilst disqualified is a serious matter since it will usually involve the deliberate flouting of a court order. In interview, the defendant conceded that he could be the rider. The point must also be borne in mind if it is intended at a later date to add further charges. For a detailed explanation of the consequences of prosecution and your options for defending a speeding charge, get in touch which our expert road traffic solicitors today. Your Enquiry Details: (required) The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. The notice should also state that production for verification cannot be made at court and that any attempt to do so will result in expense and delay for that person as the court will still require their prior production at the nominated (or locally agreed) police station. It is usually not appropriate to challenge the decision as it involves the exercise of discretion as the Administrative (Divisional) Court is unlikely to interfere if all relevant matters were properly considered. Under s.148 RTA 1988 Insurance companies cannot validly restrict an insurance policy by reference to any of the matters listed in s.148(2). The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. The offence under section 91 of the Criminal Justice Act 1967. Where there is a conviction for careless driving the lesser offence of failing to conform should be preserved at least until the chance of a reversal of the careless driving conviction has passed. Even when you weren't the driver at the time, you must provide the police with the driver's details. The onus is on the prosecution to establish that a particular location is a "road" or a "public place". Bail should be considered for the period of any adjournment and the defendant encouraged to produce the relevant documents in the meantime. Notice of Intended Prosecution | Devon and Cornwall Police The following factors should be considered in prosecutions relating to drivers' hours, breaches or falsifications: Procedure where No Documents are Produced at a Police Station and Summonses for Apparent Offences are Issued, Defendants Attempting to Produce Documents at Court for the First Time, Notice To Persons Summonsed To Court For Either Not Having Or Failing To Produce To The Police Any Relevant Documents For The Use Of A Motor Vehicle On A Road Or Public Place, SCHEDULE 1 - OFFENCES PROCEEDINGS SPECIFIED BY ARTICLE 3(1). The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. The Vehicle Excise and Registration Act 1994 (VERA) requires a mechanically propelled vehicle used or kept on a public road to be registered and licensed. 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. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . Ordinarily, the notice should indicate that production should be made to the police station originally nominated by the driver when the request for production was first made. I cannot prove this ( I do have a couple of texts I sent around the time stating . This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. The prosecution should not seek to secure convictions on both. However, if a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. In. There is a time limit for service of an Notice of Intended Prosecution and failing to abide by it can be fatal to the Crown case. (e) the time at which or the areas within which the vehicle is used, The prohibition may be applied for a specified period, or without limitation of time. The offence under section 11 of the Fireworks Act 2003. pursuant to section 6 Road Traffic Offenders Act 1988. there was sufficient evidence in my opinion to warrant proceedings against: pursuant to the provisions of section 6 of the said Act. It was clear that in requiring the production of a document or the handing over of records Article 14(2) of Council Regulation 3821/85 and s.99 Transport Act 1968 should be interpreted so that it was within the officer's discretion whether he chose to inspect the charts at the operators' premises or take them away for further analysis. The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads". Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). In Vehicle Inspectorate v Nuttall [1999] Crim LR 674, the House of Lords held that the Community rules placed a responsibility on employers to use tachograph records to prevent contraventions and to promote road safety. The burden of establishing an exemption under the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 rests on the defendant on a balance of probabilities - Gaunt and Another vNelson [1987] RTR 1. 102 Petty France, If you do not complete and return the NIP/S172 notice correctly within the 28 day time limit, you face a separate charge of failing to notify driver's details, which is a 6 penalty point offence with a fine of up to 1,000. This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. If such a course is adopted, the reasons should be made clear to the Magistrates' Court. In particular s.6 RTOA 1988 provides a special time limit for offences listed in Column 3, Schedule 1 RTOA 1988, and for aiding and abetting those offences. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. A copy should be provided to all parties and to the court. Motorists will be encouraged to obtain proper documentation before driving a motor vehicle on the road, thereby increasing the safety of other road users. I've received a Notice of Intended Prosecution Section 172 Notice. In this case the appellant appealed by way of case stated against a decision that the prosecutor's certificate issued under the Computer Misuse Act 1990 was conclusive and that he could not argue that the prosecution was out of time. 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. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. GoSafe - Caught Speeding If an offence has been recorded . Using a mobile phone whilst driving. Speeding Fines, Tickets And Penalties Explained - Which? Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. The time limit for a written warning is 14 days from the date of the offence. Notice of Intended Prosecution - NIP | Transports Friend It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. . You may get 6 penalty points on your licence and a 1000 fine . A. 14 July 2015 at 5:34PM. The requirement is to provide those details within 28 days. A sample notice is attached at Annex A below. This is a summary offence. Speeding fines: top tips on UK speeding tickets and how to appeal them In cases prosecuted on indictment under sections 1, 2, 3A and 22A RTA 1988 it will be usual for related summary offences to be adjourned sine die, or for there to be a lengthy period of remand, in order to await the outcome of the trial at the Crown Court. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. If a charge under s.2 RTA 1988 is sent to trial on indictment, the issue is for the trial court, unless the prosecutor decides that there has been a fatal non-compliance with the requirement. A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under s.87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. However, the Divisional Court held that the purported restriction fell within s.148(2)(e) and was therefore void. Should any defendant refuse to co-operate with the above procedure, not guilty pleas should be noted, and the case adjourned for trial or review. A notice of intended prosecution can be given: Road Traffic Act 1988 (RTA 1988) offences to which s.1 RTOA 1988 applies include: Section 2 RTOA 1988 states that the prosecution does not have to comply with s.1 RTOA 1988 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards. It can include both electrically and steam powered vehicles. Where did it happen? Legal Process, Loopholes & Time Limits. 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. . Start now. All staff, including agents, and magistrates who deal with motoring cases should receive training so that they may be aware of the terms of this protocol. by serving the defendant with a summons within 14 days of the offence; or. Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. (g) the carrying on the vehicle of any particular apparatus, or CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. the possibility of danger to other road users (the most important factor). The same considerations will thus apply. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. The NIP must be served on the registered keeper of the vehicle within 14 days of the offence otherwise the offence can't proceed to court. A person disqualified under s.36 RTOA 1988 until a driving test is passed commits an offence under s.103 RTA 1988 if he or she drives whilst disqualified otherwise than in accordance with any provisional licence issued. Difference between a NIP (notice of intended prosecution) and a Section This should inform the recipient that not only should the relevant documents, if they exist, be sent or handed to the court as required in the summons, but that before that date, the documents must firstly be produced at a police station for inspection and validation and for the police to note relevant details. The production of driving documents at police stations will be enhanced if all agencies co-operate and fairly and firmly abide by the terms and spirit of this protocol. It is ultimately a matter of fact and degree for the court to decide. Time Limits and Single Justice Procedure Notices (SJPN) Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. All these offences are summary, non-endorsable and punishable with a fine at level 4, and subject to a time limit of six months from the date of the offence. Basically a Notice of Intended Prosecution has to be given to you verbally at the time of the alleged offence, or in writing within 14 days, but see below. Under s.97AA TA1968 a person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 applies, shall be guilty of an offence. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Keep your fingers crossed. Notice of Intended Prosecution (NIP) - Graham Walker Solicitors Note that the 6 month time limit in section 99(6) has no effect on the either way time limit and refers only to charts actually seized under this specific power, not to charts removed under the statutory powers. The time limit for a written warning is 14 days from the date of the offence. A NIP will often be followed by a 'summons' which is a document that literally summon s the keeper of a vehicle or the driver to court. In DPP v Mansfield [1997] RTR 96 the constable who had arrested the defendant for the current offence, and who was present at court, had also arrested him for a previous offence for which the defendant had been disqualified in the constable's absence. Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. Speeding | South Wales Police I unexpectedly received a letter from the police who at the time intended to prosecute me for driving an electric scooter without insurance, and without a license. Summons Time Limit The notice of intended prosecution has to be sent to the registered keeper within 14 days, however if you were pulled over by the police for speeding they will have given your notice of intended prosecution at the roadside. Learn more here . Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. In cases where there are no charts available, consideration should be given to prosecuting defendants for this offence where devices have been fitted or wiring/electronics have been tampered with to prevent the tachograph from functioning correctly. NIPs to the Wrong Address - David Barton | Motorist Lawyer Following such a demand, no motorist who has not produced his or her driving documents at a police station should produce them to a court in answer to a charge or summons without having previously produced them at a police station for inspection. This protocol recognises that motorists are required to produce driving documents to police officers following a lawful demand and that the documents may be produced at a nominated police station. The expression 'traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984 and the colour, size and type of signs are prescribed by the Traffic Signs Regulations and General Directions 2002. This guidance assists our prosecutors when they are making decisions about cases. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. Assessment of the role played by each person in the company/operator in the case of large scale prosecutions; Whether there has been systematic flouting of the law resulting in widespread falsification of records endorsed by management. By post - Speed Enforcement Unit, PO Box 213, Bristol, BS20 1DR; Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under s.103 RTA 1988 by virtue of section 103(4) RTA 1988. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. . Uninsured drivers pose a substantial risk to other road users. The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. In computing the limitation period the day on which the offence was committed is not included. When such a point is raised, the prosecution should take into account the reason for the defendant's belief, the distance driven and the degree of risk, if any, to the public when determining whether it is in the public interest to proceed. What happens after a notice of intended prosecution? The 'prosecutor' for the purposes of section 6 can be the investigating officer or the informant (see [1976] 140 JP Jo., 675; Swan v Vehicle Inspectorate [1997] RTR 187. Fixed penalty offences within the meaning of s.51(1) RTOA 1988. Legal Process | Loopholes | Motoring Offences - Motor Lawyers For those that attend court without having driving documents checked at a police station, the case is highly likely be put off so that you can take the documents to the nominated police station and have them checked there. In such circumstances the prosecution need to decide which is the more appropriate charge. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). Production of driving documents at the police station in the first instance must be encouraged. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. Here's everything you need to know and if you receive a Notice of Intended Prosecution. They must provide the details of the driver at the time of the alleged offence. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. The offences under sections 3 , 17(2) , 18(3) , 24(3) , 26(1) and (2) , 29 , 31(1) , 35 , 42(b) , 47(1) , 87(2) , 143 , 163 , 164(6) and (9) , 165(3) and (6) , 168 , 170 and 172(3) RTA 1988. I was driving a company vehicle Open or Close The registered keeper of a vehicle has a legal obligation under section 172 of the Road Traffic Act 1988 to provide the identity of the driver at the time of an alleged offence. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required driving documents to a police officer on demand or at a nominated police station. But usually charges under RTA 1988 and VERA 1994 should be preferred unless a defendant has committed a series of offences on a substantial scale for personal gain. In Vehicle Inspectorate v Blakes Chilled Distribution Ltd [2002] 166 JP Jo.118, the Administrative Court held that the intent necessary to prove vicarious liability was established where it could be proved that an employer had failed to take reasonable steps to prevent contraventions by drivers, provided that such failure was not due to honest mistake or accident. Time which he necessarily spends travelling (from a point to take over a vehicle subject to that Regulation) which is not the driver's home or the employer's operational centre; and. No member of the Crown Prosecution Service or agent acting for them, or member of the magistrates' court staff should ordinarily be required to inspect or verify a motorist's driving documents relevant to a prosecution before the court.
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