To assist victims in any future claim for compensation, a written record should be kept of all relevant details about the driving documents produced to the police. Driving or attempting to drive while unfit through drink or drugs (section 4(1) RTA), Driving or attempting to drive with excess alcohol in breath, blood or urine (section 5(1)(a) RTA), and, where the Crown Court has made specific reference to matters which it has taken into account when sentencing, the prosecution should not revive or continue with summary offences the substance of which has been reflected in such a sentence. Your appeal may mean that the police send a report to the procurator fiscal. In relation to the controversial right to silence argument, the ECHR verdict in (halloran and francis) enable the British Government to continue to force motorists to incriminate themselves using S172 of the Road Traffic Act, which is almost always the only evidence of the drivers identity in speed camera cases The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. 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 use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. London, SW1H 9EA. Disobeying traffic signs. The offence under section 12 of the Criminal Justice and Police Act 2001. The offence under section 1 of the Theft Act 1968, but only if it is the prosecutor's case that the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates Courts Act 1980. There are circumstances where you may not have received the NIP within 14 . You'll need to return this within 28 days, to tell the police who was driving . As far as alerting persons to any alleged offence, notice can be given by different means. However, the appeal was allowed on the basis that the certificate was invalid as it did not state the date when the prosecutor had sufficient evidence to warrant the proceedings. Careless driving. 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. I've received a Notice of Intended Prosecution Section 172 Notice. However, the Divisional Court held that the purported restriction fell within s.148(2)(e) and was therefore void. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. Section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway); Section 131(2) Highways Act 1980 (obliterating or pulling down a traffic sign). Where did it happen? 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. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). 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). 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). Such a certificate is deemed under sub-section (4) to have been so signed unless the contrary is proved. A prominent notice should also accompany any summons alleging the document offences. What Happens Next After Notice Of Prosecution? - Slater If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. 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. All agencies should be alive to these cases in the interests of justice and respond as required, but no actions should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim. Bail should be considered for the period of any adjournment and the defendant encouraged to produce the relevant documents in the meantime. 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. Failure to provide the information will result in court proceedings for that failure. GoSafe - Caught Speeding If it is issued to you after the incident, it must be done within 14 days. The 14-day requirement only applies to the first NIP sent. This power to prohibit the driving of UK passenger and goods vehicles rectifies the previous anomaly whereby only the driving of foreign registered vehicles could be prohibited by virtue of the provisions of the Road Traffic (Foreign Vehicles) Act 1972. A - A S172 Notice is a legal document, and failure to respond is an offence which can result in prosecution through the courts where the penalty is 6 points on your driving licence and a fine. Liability falls upon any person who 'uses or causes or permits to be used'. 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. The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. Where an officer took the records away with him, the rules of natural justice permitted an operator to take copies of the records before they were removed, save in circumstances where, for example, the operator became obstructive or for some other reason that made it impracticable. 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. They must provide the details of the driver at the time of the alleged offence. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. Subsection (3) makes it an offence for the keeper to fail to comply. 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. 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. Contravening a traffic signal. 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. 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. 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. As self-balancing scooters are mechanically propelled they require registration and a vehicle registration licence (tax disc). 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. "Intended or adapted for use on roads" is also not defined by statute and again is ultimately a matter for the court to decide based on the evidence before it. A. However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. 1503 & 1507. The general time limit for injury litigation is three years, with multiple exceptions and special cases. A Notice of Intended Prosecution is simply notice from the Police that an offence has been recorded and that they intend to prosecute the person responsible. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. In Cantabrica Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286, the Divisional Court held that: Tachograph charts and other documents can be obtained in many different ways, for example: Care should be taken in checking the power by which police officers obtained the documents. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. Rob Skinner of our Criminal Department considers the importance of time limits in relation to motoring offences. Learn more here . There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases: Personal transporters, such as the Segway Personal Transporter are powered by electricity and transport a passenger standing on a platform propelled on two or more wheels. 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. In the great majority of cases the offence will fall within the second of these provisions. 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. 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. . Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. The 14-Day Rule for Notices of Intended Prosecution - Loophole or '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. 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. Fixed penalty offences within the meaning of s.51(1) RTOA 1988. A special reason is one which is special to the facts of a particular offence. A circumstance peculiar to the offender, as distinguished from the offence, is not a special reason: see Whittall v Kirby [1946] 2 All ER 552. 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). 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. 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. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. The Codes of Practice under PACE apply to offences under this legislation as to any other. 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. So what exactly is a written NIP? 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. . It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. Under section 6(3) a certificate signed by or on behalf of the prosecutor, stating the date on which the necessary evidence came to his knowledge is conclusive evidence of that fact. When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. 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. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). Where a defendant raises exceptional hardship as a reason for not being disqualified under the repeated offence provisions of s.35 RTOA 1988 it is appropriate for the prosecutor to question the defendant. The issue can be raised at any relevant stage of the proceedings or be decided as a preliminary point. A taxi driver who had a licence to ply for hire in Rossendale and whose insurance covered him for the carriage of passengers for hire or reward under a public hire licence was not guilty of having no insurance in spite of plying for hire in Oldham, to which his licence did not extend. Avon and Somerset Police What is a Notice of Intended Prosecution? - Notice of Intended Mutual recognition of driving disqualifications between the United Kingdom and Republic of Ireland came into force on 28 January 2010. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. (h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the Vehicle Excise and Registration Act 1994. Failing to respond within the statutory time limit of 28 days can result in further prosecution, six penalty points and a fine of up to 1000, . In interview, the defendant conceded that he could be the rider. Such a warning is normally known as a "notice of intended prosecution", or NIP. But where a disqualified person has had his driving licence returned in error by the DVLA, the prosecution should take that fact into account in deciding whether or not to proceed. The offence of driving whilst disqualified, although a summary offence, can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - s.40 (3)(c) Criminal Justice Act 1988. This might, for example be a driving licence or certificate of insurance. Copyright Roadtrafficlaw.com Solicitors Ltd (c), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window). The offence under section 91 of the Criminal Justice Act 1967. 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. Can I reject a speeding ticket after 14 days? | The Sun 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. If you've been caught by a policeman operating a radar . The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . 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. Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence s.2(1) Magistrates' Courts Act 1980. It is not necessary for the information to be personally received by a justice or by the clerk. Where the police do not speak to you personally at the time, they can put this warning on paper and send it to you within 14 days. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. 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. In serious cases a conspiracy charge should be considered; Whether persons who might be guilty of the offence or offences such as office staff and drivers should be used as witnesses where they have been threatened with the sack unless they continue to act illegally. A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. A warning as to increased costs should also be given, where appropriate. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. See also Restoration of Summary Offences after Trial on Indictment, below in this section. The law (Section 1 of the Road Traffic Offenders Act 1988) requires that, for a person to be convicted of certain road traffic offences, he or she must. 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. Failure to specify the date will lead to proceedings being terminated: see David Burwell v DPP [2009] EWHC 1069 (Admin). If you're caught speeding by a speed camera, you'll be sent a Notice of Intended Prosecution (NIP) and a Section 172 notice within 14 days of the alleged offence. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. Your co-operation is therefore in your own interests. The summons may also allege that you failed to produce one or more of these or other documents as required by law following a request by the police. 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. Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. 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. Service of a notice at the last known address of the accused will suffice for good service. Speeding: 'I can't be prosecuted - there's a postal strike!', by Tim . The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. Single Justice Procedure Notice. 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. Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was . It is no defence that the defendant did not think he was driving on a public road. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. Legal aid Scotland may be able to help in your case, one of our lawyers will . 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. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. (d) the weight or physical characteristics of the goods that the vehicle carries, 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. Failing To Name Driver - Section 172 Notice - Patterson Law What happens after a notice of intended prosecution? such proceedings must be properly recorded and the police informed; no action should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim; Prosecutors must be alive to the sophistication of fraudulently produced material. The Notice of Intended Prosecution (NIP) will ask the registered keeper of the vehicle to name the driver or rider at the time of the alleged offence; they'll be the same person or a family member in most cases, but sometimes it won't be so straightforward, and it'll be an unknown 'friend of a friend'. Police across England and Wales will send out many . 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 defendant contributed to that failure by his or her own conduct. Courts should be aware of the opportunity to proceed in the defendant's absence thereafter if either a satisfactory production is made, or the defendant does not cooperate and fails to return. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. Where a summons or requisition has been issued in respect of an offence mentioned in Parts 1 and 2 of the Schedule, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless the defendant is also served with a statement of facts and written statement/s. "Road" is defined at s.142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes. Much will depend on the nature of the error and any explanation given by the defendant. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. See also the decision in R v J F Alford Transport Ltd [1997] Crim LR 745 in which the Court of Appeal held that a secondary offender had to intend to do the acts which he knew to be capable of assisting or encouraging the commission of the crime, but that it was not necessary that he should have intended the crime to be committed. 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). A. However there is an exemption if the Police cannot reasonably obtain the keeper's details within that time, for example if the DVLA has no keeper details or they are incomplete. 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. Speeding penalties - GOV.UK Notice in writing to that effect must be given to the driver of the vehicle. . The prosecution do not have to call evidence that s.1 RTOA 1988 has been complied with unless the defendant proves, on a balance of probabilities, that no effective notice was given. 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 . July 19, 2019. 102 Petty France, 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. Speeding offences | Northamptonshire Police Uninsured drivers pose a substantial risk to other road users. NIPs can also be issued . Laying an information within the six months' time limit before deciding whether or not to prosecute may result in the proceedings being stayed as an abuse of process; see. 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. What is the charge? It is not possible for you to have your driving documents checked at court. In deciding whether to rely on the extended time limit, the prosecutor should ensure that he/she is able to ascertain the date on which sufficient evidence to warrant proceedings came to the knowledge of a police officer investigating the incident, since this is a requirement of the procedure. On 22nd November 2017 a Notice of Intended Prosecution/Section 172 request was sent to Mr Brown that was dated 22nd November 2017 by Royal .