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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. Further guidance can be found in Wilkinsons Road Offences (29th Edition Chapter 10). Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. Following such a demand, no motorist who has not produced his or her driving documents at a police station should produce them to a court in answer to a charge or summons without having previously produced them at a police station for inspection. This may involve having the case stood down (or adjourned) while this production is made. They must provide the details of the driver at the time of the alleged offence. They are normally sent out when there is about 7 days of the original time limit remaining. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, 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). Time which he necessarily spends travelling (from a point to take over a vehicle subject to that Regulation) which is not the driver's home or the employer's operational centre; and. A public place is a place to which the public, or part thereof, have access. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. 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 For speeds significantly more excessive than the limit, penalty points and a fine will be issued. It is no defence that the defendant did not think he was driving on a public road. 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. We are regularly presented with the scenario when there is a degree of dubiety attached to . The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! . The time limit applies to the notice of intended prosecution. It is no defence that the driver failed to see the sign. 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. 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. A warning as to increased costs should also be given, where appropriate. The same considerations will thus apply. 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. Know your possible technical defences to protect your licence. The above cases expanded upon the methods of proof outlined in R v Derwentside Justices ex parte Heaviside in particular allowing the prosecution to rely on similarity of name, date of birth and address. 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. 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. Further a motorist who fails to produce the documents may commit an offence by their non- production. This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. 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. 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. You could face prosecution when you fail to respond and provide all the required information. At its most basic level it is a vehicle which can be propelled by mechanical means. In. 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 . Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. 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. 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. (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. The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. 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 Notice must be sent to the registered keeper to arrive within 14 days of the offence. The Notice of Intended Prosecution must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. 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. 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. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. It is ultimately a matter of fact and degree for the court to decide. government's services and Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. . This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. London, SW1H 9EA. Should a defendant attempt to produce documents at court for the first time following a previous request for their production at a police station and it can be shown that the defendant was notified that production should initially have been made at the nominated police station, local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds to deal with any outstanding summonses. information online. etc. These include: Failing to comply with a traffic sign. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the 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. 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. July 19, 2019. News. 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 notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. either orally or in writing at the time the offence was committed. 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). 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. 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. . If the vehicle is a company car, the police will send the first notice to . The time limit for a written warning is 14 days from the date of the offence. 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. Service of a notice at the last known address of the accused will suffice for good service. Police across England and Wales will send out many . The 14-day requirement only applies to the first NIP sent. The driver must be given notice in writing specifying the reason for the prohibition and its duration. Keep your fingers crossed. 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. 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. . 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. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. Learn more here . 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. The words 'uses', 'causes' and 'permits' are deemed to have the same meaning for the purposes of the TA as they have for the purposes of the Road Traffic Acts. 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. Under s.148 RTA 1988 Insurance companies cannot validly restrict an insurance policy by reference to any of the matters listed in s.148(2). 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.
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