I was . Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. Whilst the Community Rules (EC Regulations) apply throughout the EC, the legislation which makes it an offence to breach those regulations differs from country to country. . Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. No notice is required if a full or provisional fixed penalty notice has been given or fixed (under the Provisions of the Road Traffic Offenders Act 1988) or if there is an accident involving the vehicle in question (of which the driver is aware). Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. For further commentary see (Wilkinson's 6.01). Avon and Somerset Police DPP v Hay [2005] EWHC Admin 1395 - Where a defendant is charged with driving otherwise than in accordance with a licence and driving without insurance, and the Crown have proved that the defendant was driving a vehicle on the road, the non-issue by the police of form HO/RT/1 (requesting production of the documents) is not fatal to the prosecution case. Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. Motorists, who have been unable to produce their driving documents on demand, following a lawful request by a police officer, should produce them for inspection within the required statutory period at a police station of their choice. How to Properly Deal with a Notice of Intended Prosecution GoSafe - Caught Speeding within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. Once the vehicle is identified and the registered keeper (your lease company) confirmed, a penalty notice will head into the mail. driving after making a false declaration as to physical fitness (section 92(10)); failing to notify Secretary of State of onset or deterioration of disability (section 94(3)); driving after refusal of licence under section 92 or 93 (section 94A); failure to surrender licence following revocation (section 99); obtaining driving licence, or driving, whilst disqualified (section 103(1)); using an uninsured motor vehicle (section 143); making a false statement to obtain a driving licence or certificate of insurance (section 174); section 244 RTA 1960 (re offences under section 235 RTA 1960 and section 99(5) Transport Act 1968); section 47(2) VERA 1994 (re offences under sections 29, 34, 35A, 37 or regulations made under the Act); section 73 Public Passenger Vehicles Act 1982 (re offences under sections 65 or 66 of the Act). 08 October 2018 It is not possible for you to have your driving documents checked at court. Start now. 56 Posts. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. Where a person is convicted of an offence involving obligatory disqualification the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified. The driver must be given notice in writing specifying the reason for the prohibition and its duration. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! London, SW1H 9EA. Proceedings for an offence mentioned in the Schedule also cease to be specified if a magistrates court indicates that it is considering imposing a custodial sentence for the offence. If the prosecution is taken by surprise by the issue, an application to adjourn to call a witness can be made - see R on the application of. Going to Court for Speeding Offence | Motoring Offence Solicitors If you have received a Notice of Intended Prosecution and would like further information, please get in touch by sending me a message, contacting me on 07843 018747 or 0115 784 0382, or by email . A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first. received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). . The Notice of Intended Prosecution must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. the nature of the special reason and the evidence (including expert evidence) required to rebut it; what evidence can be properly served under section 9 CJA 1967 and. All offences under the Road Traffic Regulation Act 1984 other than those under sections 35A(2) , 43(5) and (12) , 47(3) , 52(1) , 108(3) , 115(1) and (2) , 116(1) and 129(3) or those mentioned in paragraph 1 above. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Speeding: 'I can't be prosecuted - there's a postal strike!', by Tim Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence They are capable of speeds up to 12 mph. So what exactly is a written NIP? 14 July 2015 at 5:34PM. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. 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. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. There is no direct binding authority on the definition of a 'false chart', but it is suggested that the following elements should be present: See also the decision of the Court of Appeal in R v Bishirgian, Howeson and Hardy [1936] 1 All ER 586 at page 591 and R v Osman, Mills and Chalker 09/01/93 (unreported, but copy of judgement held at HQ Library). Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. What happens after a notice of intended prosecution? You must do this in writing. For reasons, see DPP v O'Connor [1992] RTR 66. The offence under section 11 of the Fireworks Act 2003. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. 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). Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. 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. . These are referred to as disqualification of persons under age. Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. . Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. Even if you believe the S172 Notice does not relate to yourself, you MUST reply, this fulfils your legal obligation and allows the Police to further . This should be done with the approval of the court and in order to assist in determining the question of disqualification. 0. Where a substantial proportion of a company's operating records for a given period have been the subject of falsification and management are involved, it is almost always the proper course to recommend that the case should be dealt with on indictment. Notice of Intended Prosecution - What Happens Next? 2023 In either case, so long as it arrives at the relevant address within the time limit the notice is valid. Where there are other charges alleging offences contrary to section 12(1) Theft Act and/or section 103 RTA 1988 (among others) they can be joined in the indictment under s.40(1) Criminal Justice Act 1988 providing they are founded on the same facts or evidence, or form part of a series of the same or similar character, as an indictable offence which is also charged. The statute of limitations for injuries to children only starts at the eighteenth birthday. A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. Subsection (4) provides a defence if the Keeper shows that he did not know who the driver was and could not have found out by using reasonable diligence. 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. Road Traffic Offenders Act 1988 - Legislation.gov.uk Many factors must be taken into consideration before the court even begins to consider exercising that discretion. Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). A. Totting Up Penalty Points. McCombe LJ said, delivering the judgment of the court: if the restriction is rendered ineffective by the operation of s.148 then the policy is to be read, as it seems to me, as if that restriction was treated as deleted in blue pencil from its wording.. MET Portal - Metropolitan Police The certificate is, therefore, likely to be signed by the appropriate police officer. Production of driving documents at the police station in the first instance must be encouraged. The defence should also give notice that they will be seeking to advance special reasons. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. Notice of Intended Prosecution | Devon and Cornwall Police If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). Police officers had recovered a DVD that had footage of a motorbike ride. Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. Driving Bans Explained. If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. Notice of Intended Prosecution (NIP) - Graham Walker Solicitors Making enquiries does not extend the 28 day time limit as stated on the NIP. The offence is equally serious, whether "use" or "causing or permitting" is involved. 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. If the vehicle is a company car, the police will send the first notice to . Notice of Intended Prosecution. This guidance assists our prosecutors when they are making decisions about cases. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. Federal Register :: Expansion of Induction of Buprenorphine via Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. If necessary, the case should be adjourned for validation to be carried out by the police. It is regularly updated to reflect changes in law and practice. Mutual recognition of driving disqualifications between the United Kingdom and Republic of Ireland came into force on 28 January 2010. The time limit for a written warning is 14 days from the date of the offence. 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. See also Restoration of Summary Offences after Trial on Indictment, below in this section. The European Community Rules as set out in EEC Regulations 561/2006 and 3821/85; The domestic law contained in Part VI (sections 95 -103) of the Transport Act 1968 (TA 1968). . . Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. Service of a notice at the last known address of the accused will suffice for good service. Your lease company will receive the ticket. 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. Records of all production of driving documents should be kept at police stations as a national standard to safeguard the needs of victims who may have a potential claim for personal injury or financial loss. 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. The requirement is to provide those details within 28 days. 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. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. 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. 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. The defendant contributed to that failure by his or her own conduct. Section 3 (careless driving/driving without reasonable consideration), Section 22 (leaving the vehicle in a dangerous position), Sections 35 and 36 (disobeying certain traffic signs and police signals) And under the Road Traffic Regulation Act. The onus is on the prosecution to establish that a particular location is a "road" or a "public place". The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin [1981] RTR 416 it was said to be a definable right of way between two points. When deciding whether to restore a summary offence, the following points should be borne in mind: Nevertheless, there will be circumstances where the restoration of a summary offence, usually for excess alcohol, will be appropriate if, for example, each of the factors listed above are outweighed by factors which favour prosecution in a particular case. Can you be prosecuted from dash-cam footage? Legal FAQ - Bennetts UK 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. 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 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. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. Care should also be taken to ensure that sufficient charges are put to enable the gravity of the offence to be reflected in the sentencing process. As a result, if an insurance policy contains a restriction (for example) that the driver must be aged over 21, that restriction may be void and a person aged under 21 who would otherwise have been covered to drive the vehicle may not be guilty of driving without insurance.