Prosecutors who are dealing with a prosecution for no insurance where the case is based on the driver not meeting some condition of the insurance must be vigilant to check that the exclusion relied upon to make out the offence is not one of those avoided by s.148(2). What is the charge? 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. 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. In R v Derwentside Justices ex parte Swift, R v Sunderland Justices ex parte Bate [1997] RTR 89 a section 9 statement was admitted in evidence from a constable who stated that he knew the defendant and had been present when he had been convicted and disqualified for two years on a previous occasion. Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. This isn't straightforward and needs to be heavily evidenced. (g) the carrying on the vehicle of any particular apparatus, or Much will depend on the nature of the error and any explanation given by the defendant. 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. A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. Where did it happen? It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. Your co-operation is therefore in your own interests. It should state the nature of the offence (for example Speeding) together with the time, date and place . Motoring Offences and the Importance of Time Limits. It may then be possible for your case to be dealt with in your absence, but only if you have been offered this opportunity in the other documents that are with the summons and you return the necessary documents to the court in time with the required details. 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. (b) the condition of the vehicle, It is no defence that the defendant did not think he was driving on a public road. 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. A sample notice is attached at Annex A below. Very exceptionally, a prosecutor may feel it appropriate to verify documents, but: Sections 173 and 174 RTA 1988 and sections 44 and 45 Vehicle Excise and Registration Act 1994 (VERA 1994) create a number of offences concerning forgery, fraudulent actions and false statements in connection with various road traffic documents. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. There are no time limits on subsequent NIPs but there is an overall time limit of six months for a prosecution to begin. 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. 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. . Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. Section 99 TA 1968 empowers police and Department for Transport officials to require the production of records and documents, whether or not offences are revealed on the face of them. . Police across England and Wales will send out many . For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. Management Personal Responsibility. by serving the defendant with a summons within 14 days of the offence; or. In R v Mooney [1997] Crim LR 137) the defendant pleaded guilty but then successfully argued that there was no evidence to prove the previous disqualification; on appeal it was held that the court should have taken into account the admission of previous disqualification implicit in his guilty plea. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). In the great majority of cases the offence will fall within the second of these provisions. 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. 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). 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. Such a certificate is deemed under sub-section (4) to have been so signed unless the contrary is proved. 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. What is the penalty for speeding or running a red-light? 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. 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. Current timestamp: 02/03/2023 01:38:55 . 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 exceptions include: Section 24 RTOA 1988 (as amended by the Road Safety Act 2006) allows a court which has returned a verdict of 'not guilty' to certain either way and summary offences, to convict for a specified alternative offence, provided that the content of the information or indictment amounts to an allegation of such an offence. 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. received in proceedings held in the absence of the accused - s.11(1) MCA 1980 proof in absence; read out before the court under s.12(7) MCA 1980 (non-appearance of accused: plea of guilty); or. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. For pelican/zebra crossings and puffin pedestrian crossings see the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400). The time limit for service of the NIP is a very important aspect of a succesful prosecution therefore if there has been a delay you should get in touch with a solicitor and obtain case specific advice. The offence under section 12 of the Licensing Act 1872. This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. Zholia Alemi forged N, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies, Code for Crown Prosecutors - Public Interest Considerations, Restoration of Summary Offences after Trial on Indictment, Self-balancing Personal Transporters - Segway etc, Driving/Obtaining a Driving Licence Whilst Disqualified, Charging Practice - Forgery and False Information, etc, Offences in Contravention of the Regulations - s.96, Falsification of Driver's Hours and Records - s.99(5), Power to Prohibit the Driving of UK Vehicles - Section 99A, Tachograph Cases and Public Interest Criteria, Annex A: National Protocol for the Production and Inspection of Driving Documents, Annex B: Specified Proceedings (Offences), Road Traffic - Drug and Drink Driving Offences, The prosecution of traffic offences is vital to the enforcement and promotion of road safety and the protection of the public, and. 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 vehicle caught speeding . 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. 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. 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. Disobeying traffic signs. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, Current timestamp: 03/03/2023 00:55:41 . These offences are directed at either the driver or the employer. 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. For further commentary see (Wilkinson's 6.01). These offences are triable either way and punishable with a maximum of two years' imprisonment on indictment. In either case, so long as it arrives at the relevant address within the time limit the . The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. Failure to do so will entitle the prosecution not only to seek an adjournment but also to cross-examine the defendant on his failure to give such notice so that the court may consider whether that failure reflected upon his bona fides, see DPP v O'Connor [1992] RTR 66, an authority which is also helpful on the procedural requirements and the general approach to be adopted. . The requires the keeper of the vehicle to identify the driver. 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". 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". Failure to produce your documents at the police station may well result in additional loss and inconvenience to you, and led to an application for additional prosecution costs for the extra work involved. . (e) the time at which or the areas within which the vehicle is used, If such a course is adopted, the reasons should be made clear to the Magistrates' Court. 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. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. 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. The offences under sections 55 and 56 of the British Transport Commission Act 1949. 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. 56 Posts. If your defence is that you did not receive it within this timescale, the onus is on you to prove it on the balance of probabilities. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. The offence under section 5 of the Public Order Act 1986. 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. We are regularly presented with the scenario when there is a degree of dubiety attached to . Not only does the offence appear to cover a situation where the seals have been physically altered or tampered with, but also the use of a correctly manufactured and correctly placed seal where it can be proved that the mere use of the seal is accompanied by an intention to deceive. 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. 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. 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. The Notice of Intended Prosecution, although issued in terms of Section 1 of the Road Traffic Offenders Act 1988, is often accompanied by a request to confirm the identity of the driver at the time it is alleged a road traffic offence has been committed. Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). 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. This guidance is provided to provide an overview on procedure and charging practice that is not dealt with in the existing road traffic guidance being. Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). See. Liverlad67 Forumite. . Driving Bans Explained. 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. Many road traffic offences are minor in nature. Failure to provide the information will result in court proceedings for that failure. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. Once police have received written confirmation from the driver, it is the drivers' choice to either accept: However, a recent High Court case has offered some very useful clarity on the issue of time limits. 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. 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. It is important to remember, however, that the alternative verdict can only be returned where the jury or magistrates have found the defendant 'not guilty' of the substantive charge. 1 of 2000 sub nom R v J T, Times LR 28 November 2000, [2001] 1 WLR 331, [2001] Crim LR 127), against a decision to acquit on the basis that the provision of a false tachograph record did not constitute forgery contrary to the Forgery and Counterfeiting Act 1981, section 1 and section 9. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. Notice of Intended Prosecution. Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. In. Proof of disqualification is essential. Other legal requirements relate to construction and use, and to lighting. By post - Speed Enforcement Unit, PO Box 213, Bristol, BS20 1DR; It is enough that it is received by a member of his staff impliedly authorised to receive it. The offence under section 1(1) of the Criminal Damage Act 1971, but only if it is the prosecutor's case that (a) the offence was not committed by destroying or damaging property by fire; and (b) the value involved, within the meaning of Schedule 2 to the Magistrates Courts Act 1980, does not exceed 5,000. 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. 14 July 2015 at 5:34PM. 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. if evidence of excess alcohol has been adduced at the Crown Court trial, it is more than likely that it will have been taken into account for the purpose of sentencing (this will obviously be so in the case of a trial for a section 3A offence); where a defendant has been convicted of an offence contrary to sections 1 or 3A RTA, a summary offence should not normally be restored if the defendant has been disqualified for a period at least as long as the obligatory period for the summary offence; the lapse of time between the date of the offence, the Crown Court trial and the likely date of hearing for the summary matters; if the defendant has been sentenced to a period of imprisonment, restoration of a summary offence will seldom be appropriate. Uninsured drivers pose a substantial risk to other road users. 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. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. Legal Process, Loopholes & Time Limits. 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. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. 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, . 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. For many offenders their prosecution will be their only experience of criminal law enforcement. 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. 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. The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. 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. Some 'routine' prosecutions, for example under the Construction and Use Regulations and related provisions of the Road Traffic Act (RTA) 1988, may have special significance for the traffic commissioners when dealing with licensing applications from heavy goods vehicle operators. 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. Self-balancing scooters do not currently meet the legal requirements and therefore are not legal for road use. 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. Magistrates & Crown Court Trials. This is a summary offence. . 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). Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. 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. The time limit for a written warning is 14 days from the date of the offence. Section 127 MCA 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise. You have 28 days to appeal your recorded police warning. For reasons, see DPP v O'Connor [1992] RTR 66. A challenge to justices on their decision not to disqualify because of special reasons should normally be by way of case stated rather than judicial review. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! However, since that offence is summary, if a defendant has been charged with other either way or indictable offences, then charging an offence under s.3 Forgery and Counterfeiting Act 1981(which is either way) is likely to be more appropriate. Under s.143(1)(a) RTA 1988 "a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person a policy of insurance ". In either case, so long as it arrives at the relevant address within the time limit the notice is valid. 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 issue of the defendant's conduct and any increased costs involved should be carefully considered and noted, and a departure made from the locally agreed standard costs application, where there has been an increase in prosecution costs. 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. 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. 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. You may get 6 penalty points on your licence and a 1000 fine . 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.