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It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. You can check whether . An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. It was held that a tachograph chart that had been falsified came within section 9(1)(g) of the Act when a record was being made during a period when there wrongly purported to be a second driver who was driving, when in fact there was only one driver at the wheel. News. This penalty notice is called a Notice of Intended Prosecution (NIP). . Know your possible technical defences to protect your licence. 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. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. 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. Your appeal may mean that the police send a report to the procurator fiscal. Neither is a 'special reason' a defence to the charge. 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. 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. The onus is on the prosecution to establish that a particular location is a "road" or a "public place". A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. 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. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). Although a NIP must be received within 14 days of the alleged offence, this statutory time limit does not apply to a section 172 demand. either orally or in writing at the time the offence was committed. As a general rule, if you're caught travelling in excess of 45% . This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. It can be done by way of a summons served on the offender within 14 days of commission of the offence or by a notice of intended prosecution (NIP). . If the document is not listed, proceedings under regulation 7 of the Road Vehicles (Registration and Licensing) Regulations 1971 for exhibiting on a vehicle anything which could be mistaken for a licence may be considered. Here's everything you need to know and if you receive a Notice of Intended Prosecution. 1968, so that proceedings relating to the unauthorised taking of a mechanically propelled vehicle may be commenced at any time within six months from the date on which sufficient evidence to bring a prosecution came to the knowledge of the prosecutor. (b) the condition of the vehicle, (c) the number of persons that the vehicle carries, There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. 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. Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. If necessary, the case should be adjourned for validation to be carried out by the police. If you don't send the police the driver's details within the time they state then . For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. Every effort should be explored to avoid unnecessary adjournments, though this may be unavoidable where there is no convenient nearby police station or the circumstances are such that an adjournment is unavoidable. Section 97(1) TA 1968 which is summary only, prohibits the use of a vehicle to which the TA 1968 applies in which "recording equipment" as stipulated in the Community Recording Equipment Regulations 3821/85 has either not been fitted or has not been appropriately repaired. 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. App. Any person who drives a vehicle subject to such a prohibition, or who causes or permits it to be driven, or who fails to comply with a direction to remove the vehicle to a specified place, commits a summary offence punishable by a level 5 fine. The law relating to tachographs falls into two categories: The rules governing the mechanical operation of tachographs are set out in EEC Regulation 3821/85 and that covering the hours permitted are set out in Regulation (EC) 561/2006. Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. Because of the restrictive provisions of s.40 Criminal Justice Act 1988 it will frequently be the case that when the Crown Court trial for a driving offence has been concluded, there will still be outstanding connected summary offences. Offences against traffic signs and police signals are dealt with in Sections 35, 36, 37 and 163 of the Road Traffic Act 1988. Police across England and Wales will send out many . We represent drivers throughout Scotland. It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. The Exception The prosecution is not required to serve a notice within 14 days if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which . There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. The following points need to be borne in mind: The six-month time limit applies to most summary road traffic offences, but statutory exceptions do occur. 1503 & 1507. 9/ If the S172 notice is valid (ie not sent after the time limit) or perhaps in any case, you should tell the police that you have no idea, after this length of time, who was driving. The offence under section 91 of the Criminal Justice Act 1967. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. Help us to improve our website;let us know Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. Learn more here . As far as alerting persons to any alleged offence, notice can be given by different means. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. A. Totting Up Penalty Points. These are referred to as disqualification of persons under age. If you were exceeding the speed limit by a great deal, you could receive a ban. Attempting to or producing any document with intent to deceive may result in severe penalties. It's often the case that this offence exceeds the penalty for the substantive offence such as speeding that can carry three points or more. speeding) The time & date of offence. 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). No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). 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. In interview, the defendant conceded that he could be the rider. If you receive a summons or postal requisition or Notice of Intended Prosecution in relation to a motoring offence, it is important to know whether the Police have complied with . Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. 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. Most contraventions involving company vehicles result in the company being fined however there are instances where directors can also have points endorsed on their licence. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. In R v Derwentside Justices ex parte Heaviside [1996] RTR 384 the Court specified three ways in which a defendant could be proved to have been disqualified: Other circumstances in which the court has been satisfied that a previous disqualification has been established are as follows. In computing the limitation period the day on which the offence was committed is not included. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road s.103 RTA 1988. The offences arising by contravention of Regulations 3(9)(a) (involving a pedal cycle) and 3(9)(b) and 4(27), (28) and (30) of the Royal and Other Open Spaces Regulations 1997. Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. In essence the Notice of Intended Prosecution is a document that specifies the nature of the offence and the time and place it is alleged to have been committed. Dangerous driving. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. 3821/85. When it applies, proceedings must be brought within six months from the date on which sufficient evidence came to the knowledge of the prosecutor to warrant proceedings but, in any event, they must not be brought more than three years after the commission of the offence. 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. 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. When dealing with offences specifically relating to the use of forged documents contrary to s.173(1) RTA or s.44 VERA, the document concerned must be one of those listed within the relevant section. 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. 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 . No notice of intended prosecution was served on the respondent within 14 days of the offence that had been committed over a year before police recovered the DVD footage. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. For many offenders their prosecution will be their only experience of criminal law enforcement. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Fixed penalty offences within the meaning of s.51(1) RTOA 1988. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. Sometimes a similar document called a 'postal requisition' arrives instead. It is regularly updated to reflect changes in law and practice. A statutory defence is provided by section 143(3) RTA in relation to a driver who unwittingly drives his employer's uninsured vehicle. . The effect is that the duty of the Director of Public Prosecutions to take over the conduct of all criminal proceedings instituted on behalf of a police force will not include a duty to take over specified proceedings. In cases of the unauthorised taking of mechanically propelled vehicles, delay can often occur due to the gathering of forensic evidence where the offence is denied. The offence under section 87(1) of the Environmental Protection Act 1990. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. See. Liability falls upon any person who 'uses or causes or permits to be used'. NIPs can also be issued . 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). If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. The driver will then receive a notice of intended prosecution in his/her own name. The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. 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 such a course is adopted, the reasons should be made clear to the Magistrates' Court. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. There will be occasions where although the offence under section 22A is made out, the charging of one of the less serious offences listed above will be more appropriate. There may, from time to time, be cases that call for exceptional treatment and departure from the normal procedures. 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 owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Failure to provide the information will result in court proceedings for that failure. 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. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. The offence under section 12 of the Criminal Justice and Police Act 2001. The Crown Prosecution Service You must do this in writing. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. 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. The issue can be raised at any relevant stage of the proceedings or be decided as a preliminary point. The failure to stop is usually viewed as the more serious of the two. 1 (1) Where section 1, 6, 11 or 12 (1) of this Act is shown in column 3 of this Schedule against a provision of the M1 Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision. When determining the public interest in prosecuting minor road traffic offences, it must be borne in mind that: Public interest factors which relate to particular offences will be dealt with below. Much will depend on the nature of the error and any explanation given by the defendant. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. This is an onerous test to pass as it is generally fairly easy for a company to have a system in place which identifies the driver of a company vehicle at any given time, for example a log book kept in the vehicle which allows any drivers to enter the details of his or her journey. . They are normally sent out when there is about 7 days of the original time limit remaining. Periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No: 3821/85 before taking over a vehicle subject to that Regulation. Please note, if the notice is sent to you by post, it should contain the following details: The details of the driving offence (e.g. 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. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. Your Enquiry Details: (required) The Notice must be sent to the registered keeper to arrive within 14 days of the offence. 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. This will be sent to the registered keeper within 14 days of the offence. The notice of intended prosecution will be accompanied by a Section 172 notice, which you are required to complete to confirm the identity of the driver. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. It is ultimately a matter of fact and degree for the court to decide. (2) The general nature of the offence is . It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. If you've been caught by a policeman operating a radar . 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.