Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. (g) the carrying on the vehicle of any particular apparatus, or The police will then be able to check your documents and note the fact that you have produced them. Case Study: Speeding . 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. evidence of a person who was present in court when the defendant was convicted on an earlier occasion and able to identify him as present in court. by sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle. 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. 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. government's services and We can help. So what exactly is a written NIP? A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. Single Justice Procedure Notice. . 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). As a general rule, if you're caught travelling in excess of 45% . etc. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). (d) the weight or physical characteristics of the goods that the vehicle carries, It is enough that it is received by a member of his staff impliedly authorised to receive it. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. 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. 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. Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. Alternatively, you could receive a 100 fixed penalty ticket and 3 points or if the matter goes to court you could receive a maximum fine of 1000 (2500 if on a motorway) and 3 to 6 penalty points. 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. 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. We are regularly presented with the scenario when there is a degree of dubiety attached to . There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. 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'. Legal aid Scotland may be able to help in your case, one of our lawyers will . This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. These are referred to as disqualification of persons under age. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. If this happens you'll have the chance to challenge the case against you. If the Police do not comply with the rules and time limits, they cannot prosecute. Police across England and Wales will send out many . The letter is asking me to provide details of the driver of the vehicle. 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. 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. The driver must be given notice in writing specifying the reason for the prohibition and its duration. However, courts should be reluctant to disqualify offenders in their absence because of this potential problem. . 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. It is no defence that the driver failed to see the sign. 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. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. If the keeper is uncertain who was driving their vehicle they may still guilty of an offence unless they either provide the name of the driver or . 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. Self-balancing Personal Transporters can be used on private property with the permission of the landowner. an admission under s.10 Criminal Justice Act 1967; fingerprint evidence pursuant to s.39 Criminal Justice Act 1948; and. We represent drivers throughout Scotland. They must provide the details of the driver at the time of the alleged offence. Certain exceptions do apply however where it can be shown that the keeper did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was (S172.4). 102 Petty France, 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 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. 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. The time limit for service . Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). Many road traffic offences are purely summary and in most cases proceedings are taken by way of the laying of an information and the issue of a summons. 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. London, SW1H 9EA. Age prohibitions on driving are set out in s.101 RTA 1988. This notice should be sent to the registered keeper within 14 days of when the speeding offence took place. The offence under section 11 of the Fireworks Act 2003. The Codes of Practice under PACE apply to offences under this legislation as to any other. 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. 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. What is the charge? However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. Many road traffic offences are minor in nature. . The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. 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. Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. Motorists will be encouraged to obtain proper documentation before driving a motor vehicle on the road, thereby increasing the safety of other road users. If such a course is adopted, the reasons should be made clear to the Magistrates' Court. Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. 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. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. 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. 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. You may get 6 penalty points on your licence and a 1000 fine . Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. Where agreeable, and in the absence of any grounds for suspicion, it may be possible to agree (such agreement to include that of the defendant) the use of a facsimile copy or the documents to be sent to an agreed police station for verification and recording to take place while the case is stood down temporarily. Fixed penalty offences within the meaning of s.51(1) RTOA 1988. 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). Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. 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. Making enquiries does not extend the 28 day time limit as stated on the NIP. . Nothing less than wilfulness or recklessness would suffice. Other ways to contact the Speed Enforcement Unit. If the notice was served late without a good reason then you can't be prosecuted anyway. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. See also DPP v Vivier [1991] Crim LR 637, DPP v Neville [1996] 160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others [1998] 4 All ER 417. 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.
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