Notice of Intended Prosecution (NIP) - Motor Lawyers In relation to s172, in general most police forces prosecute the company and not the Directors for failing to identify the driver as this leads to a conviction and fine without any effort. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. 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. 1503 & 1507. 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. A Notice of Intended Prosecution must be served on the vehicle's DVLA registered keeper within 14 days after the date of the alleged offence. What is the charge? 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. 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. 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. 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. 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. 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. Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. The legal loophole you can use to avoid paying a speeding fine Can I reject a speeding ticket after 14 days? | The Sun 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. Dangerous driving. 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. July 19, 2019. Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. Sometimes a similar document called a 'postal requisition' arrives instead. Notice of Intended Prosecution | Devon and Cornwall Police The letter is asking me to provide details of the driver of the vehicle. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. Fixed penalty offences within the meaning of s.51(1) RTOA 1988. Difference between a NIP (notice of intended prosecution) and a Section National legislation must, wherever possible, be constructed to conform with community law. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). The police should give consideration to training CPS and court staff in the methods used to produce fraudulent documents and have an agreed method of responding to any such documents that are produced in legal proceedings. This penalty notice is called a Notice of Intended Prosecution (NIP). In such circumstances the prosecution need to decide which is the more appropriate charge. Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. A public place is a place to which the public, or part thereof, have access. Assessment of the role played by each person in the company/operator in the case of large scale prosecutions; Whether there has been systematic flouting of the law resulting in widespread falsification of records endorsed by management. 14 July 2015 at 5:34PM. 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, . 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). Avon and Somerset Police This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. 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). Start now. 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. In DPP v Mansfield [1997] RTR 96 the constable who had arrested the defendant for the current offence, and who was present at court, had also arrested him for a previous offence for which the defendant had been disqualified in the constable's absence. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. The aim of this protocol is that motorists should be aware of and conform with an agreed national standard for the production of driving documents following a lawful request by a police officer. In interview, the defendant conceded that he could be the rider. Because self-balancing Personal Transporters do not meet the relevant requirements for use on UK roads, and because there is no separate legislation here for public road use by non-EC type-approved vehicles, they cannot be registered and licensed for use on a public road. A special reason is one which is special to the facts of a particular offence. It is essential to check files when powers have been exercised to ensure the material sought to be exhibited has been obtained lawfully in order to rebut any application under s.78 PACE. Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. Notice of Intended Prosecution - Driving Test Tips 14 July 2015 at 5:34PM. 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. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. Can you be prosecuted from dash-cam footage? Legal FAQ - Bennetts UK NIPs to the Wrong Address - David Barton | Motorist Lawyer (g) the carrying on the vehicle of any particular apparatus, or R. 16; and Olakunori v DPP [1998] C.O.D. . Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. It is ultimately a matter of fact and degree for the court to decide. 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. As a consequence, any user of such a vehicle on a public road is likely at the very least to be committing the offences of using the vehicle without insurance and using the vehicle without an excise licence. In Skills Motor Coaches Ltd, Farmer, Burley and Denman (Case C-297/99), the European Court of Justice held that time spent on activities having a bearing on driving, such as time spent reaching the pick-up point for a tachograph vehicle, would affect his state of tiredness and must be regarded as forming part of 'all other periods of work' within Article 15 of Regulation No. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. 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. If an offence has been recorded . 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. 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. Further a motorist who fails to produce the documents may commit an offence by their non- production. The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. 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). Speeding | Metropolitan Police 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. Where there is a conviction for careless driving the lesser offence of failing to conform should be preserved at least until the chance of a reversal of the careless driving conviction has passed. etc. Speeding: 'I can't be prosecuted - there's a postal strike!', by Tim When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under s.103 RTA 1988 by virtue of section 103(4) RTA 1988. Notice Of Intended Prosecution (NIP) - Dont Disappoint Me The time limit for service . Making enquiries does not extend the 28 day time limit as stated on the NIP. 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 Notice must be sent to the registered keeper to arrive within 14 days of the offence. 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 minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. See also Restoration of Summary Offences after Trial on Indictment, below in this section. Therefore, any person using a Segway on a road will be driving otherwise than in accordance with a driving licence. Notice of Intended Prosecution (NIP) - Graham Walker Solicitors 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. The time limit for a written warning is 14 days from the date of the offence. 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. Know your possible technical defences to protect your licence. 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 Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. Additionally, the user would need a driving licence and motor insurance. The driver must be given notice in writing specifying the reason for the prohibition and its duration. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. The 14-Day Rule for Notices of Intended Prosecution - Loophole or . Notice of Intended Prosecution. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. It is no defence that the driver failed to see the sign. 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. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers App. Other ways to contact the Speed Enforcement Unit. 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. Ordinarily, the notice should indicate that production should be made to the police station originally nominated by the driver when the request for production was first made. An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. 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 . Notice of Intended Prosecution. Archives - Forrest Williams As far as alerting persons to any alleged offence, notice can be given by different means. For those that attend court without having driving documents checked at a police station, the case is highly likely be put off so that you can take the documents to the nominated police station and have them checked there. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. 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 general time limit for injury litigation is three years, with multiple exceptions and special cases. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence London, SW1H 9EA. from 2-196 to 2-221 for a full commentary. 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 certificate is, therefore, likely to be signed by the appropriate police officer. 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). Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. be warned at the time that he might be prosecuted for an offence, or, be served with a summons . So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period. Failing to provide drivers identity carries 6 penalty points on your licence and up to 1000 fine. These are referred to as disqualification of persons under age. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. There was no proper notice of the speed limit. 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. A mechanical defect of which the driver was unaware, may amount to a defence (see R v Spurge [1961] 2 All ER 688), as will the loss of control over the vehicle due to circumstances beyond the control of the driver (see Burns v Bidder [1966] 3 All ER 29). Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. The use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. Free Legal Info | The Notice of Intended Prosecution - MaryMonsonSolicitors The law states that unless a notice of intended prosecution is served within the time limit set out that the person concerned will not be convicted - it doesn't state that the process stops . . 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).