The driver of the vehicle has failed to comply with a requirement made under s.99(1) TA 1968; or, The driver has obstructed an officer exercising his powers under s.99(2) TA 1968 or s.99(3) TA1968; or, It appears to an officer that in relation to the vehicle or its driver there has been (or will be, if the vehicle is driven on a road) a contravention of s.96 TA1968 to s.98 TA 1968 or of the applicable Community rules; or. 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. If the points will take you over the 12-point maximum, leading to a minimum six-month ban, you may wish to pursue a plead of 'exceptional hardship'. In particular s.6 RTOA 1988 provides a special time limit for offences listed in Column 3, Schedule 1 RTOA 1988, and for aiding and abetting those offences. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Police across England and Wales will send out many . The prohibition may be applied for a specified period, or without limitation of time. 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. 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. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. 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. A NIP will often be followed by a 'summons' which is a document that literally summon s the keeper of a vehicle or the driver to court. Notice of intended prosecution. An analogy can be drawn from the case of DPP v Hay where it was held that once the prosecution has proved that the defendant drove the motor vehicle on a road, it is then for the defendant to show that he held a driving licence and that there was in force an appropriate policy of insurance, since these are matters that are peculiarly within his knowledge. Notice of Intended Prosecution. McCombe LJ said, delivering the judgment of the court: if the restriction is rendered ineffective by the operation of s.148 then the policy is to be read, as it seems to me, as if that restriction was treated as deleted in blue pencil from its wording.. 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. David Barton. Age prohibitions on driving are set out in s.101 RTA 1988. This is a summary offence; Section 115(1) Road Traffic Regulation Act 1984 - the misuse of parking documents by, for example, lending a ticket issued by a parking meter to another person. 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. 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. . 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. See also Restoration of Summary Offences after Trial on Indictment, below in this section. It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. 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. . Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. 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. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. 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. 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. 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. Service of a notice at the last known address of the accused will suffice for good service. 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. This will be sent to the registered keeper within 14 days of the offence. 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. 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. 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. 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. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. 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. 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. 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. 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]. There is a clear public interest in prosecuting offenders. Start now. However, a recent High Court case has offered some very useful clarity on the issue of time limits. Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. When the prosecutor considers instituting proceedings within the extended time limit period, reasons for the delay and any degree of responsibility borne by the offender should be taken into account. 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). The requirement is to provide those details within 28 days. Section 96(11) TA 1968 creates offences for breach of the domestic drivers' hours code, while s.96(11)(A) TA 1968 creates offences for breaches of the European Community Regulations. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. 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. Where did it happen? A. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. Neither is a 'special reason' a defence to the charge. 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. The letter is asking me to provide details of the driver of the vehicle. Many road traffic offences are minor in nature. . Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. Nothing less than wilfulness or recklessness would suffice. 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. 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. Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. 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. In. Failing to provide drivers identity carries 6 penalty points on your licence and up to 1000 fine. There is a time limit for service of an Notice of Intended Prosecution and failing to abide by it can be fatal to the Crown case. 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. Proof of disqualification is essential. 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. Know your possible technical defences to protect your licence. Furthermore, considerable time will have elapsed since the alleged commission of the offences. This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. 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 . . A. Totting Up Penalty Points. If the Police do not comply with the rules and time limits, they cannot prosecute. 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 . The offence under section 11 of the Fireworks Act 2003. 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 necessary, the case should be adjourned for validation to be carried out by the police. Such alternative verdicts are permitted in relation to the summary offences of: Alternative verdicts under sections 4(1), 5(1)(a), 7(6), 4(2), 5(1)(b) or 29 RTA 1988 may be returned as appropriate, despite the fact that the six month time limit for those offences are likely to have lapsed. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! 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. 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. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. Keep your fingers crossed. Should any defendant refuse to co-operate with the above procedure, not guilty pleas should be noted, and the case adjourned for trial or review. 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. What is the penalty for speeding or running a red-light? National legislation must, wherever possible, be constructed to conform with community law. If you fail to comply within the statutory 28-day period to return the notice, you will be liable to prosecution and receive six penalty points, in addition to a fine of up to 1,000. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. 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). GOV.UK is the place to find Where a person is convicted of an offence involving obligatory disqualification the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified. It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. Uninsured drivers pose a substantial risk to other road users. Attempting to or producing any document with intent to deceive may result in severe penalties. I've received a Notice of Intended Prosecution Section 172 Notice. They must provide the details of the driver at the time of the alleged offence. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . 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 either case, so long as it arrives at the relevant address within the time limit the notice is valid. Failure to provide these details may amount to an offence for which a prosecution could be pursued. 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 offence under section 80 of the Explosives Act 1875. 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. Help us to improve our website;let us know 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. 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. 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. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. . 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. It was clear that in requiring the production of a document or the handing over of records Article 14(2) of Council Regulation 3821/85 and s.99 Transport Act 1968 should be interpreted so that it was within the officer's discretion whether he chose to inspect the charts at the operators' premises or take them away for further analysis. 1503 & 1507. If time permits, you will be asked to return to court on the same day for your case to be completed. 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. 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. This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. 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). (c) the number of persons that the vehicle carries, 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. No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). 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. This guidance assists our prosecutors when they are making decisions about cases. The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. News. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. For pelican/zebra crossings and puffin pedestrian crossings see the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400). Production of driving documents at the police station in the first instance must be encouraged. A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment. 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. 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. We are regularly presented with the scenario when there is a degree of dubiety attached to . (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. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. Police officers had recovered a DVD that had footage of a motorbike ride. 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. The police will then be able to check your documents and note the fact that you have produced them. The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. A statutory defence is provided by section 143(3) RTA in relation to a driver who unwittingly drives his employer's uninsured vehicle. Disobeying traffic signs. Each case must be considered on its own facts to determine whether or not s148 applies. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. In interview, the defendant conceded that he could be the rider. The offence under section 12 of the Criminal Justice and Police Act 2001. As a general rule, if you're caught travelling in excess of 45% . In Vehicle Inspectorate v Blakes Chilled Distribution Ltd [2002] 166 JP Jo.118, the Administrative Court held that the intent necessary to prove vicarious liability was established where it could be proved that an employer had failed to take reasonable steps to prevent contraventions by drivers, provided that such failure was not due to honest mistake or accident. Liability falls upon any person who 'uses or causes or permits to be used'. This penalty notice is called a Notice of Intended Prosecution (NIP). Whether such a warning was given "at the time" is a question of degree and the High Court will not interfere in a Magistrates' Court finding on the point if there is evidence to support that finding. either orally or in writing at the time the offence was committed. If an offence has been recorded . 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. . 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. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. 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. 08 October 2018 . The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. Other ways to contact the Speed Enforcement Unit. A. Magistrates & Crown Court Trials. Arrangements will then be made for the court to be informed about this. Motorists, who have been unable to produce their driving documents on demand, following a lawful request by a police officer, should produce them for inspection within the required statutory period at a police station of their choice. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. "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. A. Notice of Intended Prosecution. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. Further guidance can be found in Wilkinsons Road Offences (29th Edition Chapter 10). 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, . Prejudice to a defendant by the delay and the lack of early notification of the impending prosecution can be addressed by abuse of process proceedings and s. 78 of the Police and Criminal Evidence Act. . Failure to specify the date will lead to proceedings being terminated: see David Burwell v DPP [2009] EWHC 1069 (Admin). by serving the defendant with a summons within 14 days of the offence; or. As far as alerting persons to any alleged offence, notice can be given by different means. 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). 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. It is no defence that the defendant did not think he was driving on a public road. Much will depend on the nature of the error and any explanation given by the defendant. If you have received a Notice of Intended Prosecution (NIP) then the police have evidence that you (or the person driving the vehicle at the time) were travelling in excess of the speed limit. 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. Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. 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. Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. (g) the carrying on the vehicle of any particular apparatus, or 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. (e) the time at which or the areas within which the vehicle is used, 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. 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. government's services and Rob Skinner of our Criminal Department considers the importance of time limits in relation to motoring offences. These offences are directed at either the driver or the employer. 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. If the company did have such a system but it didnt work on a particular occasion that might suffice as a defence. The offence under section 12 of the Licensing Act 1872.
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