by serving the defendant with a summons within 14 days of the offence; or. 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. . If you don't send the police the driver's details within the time they state then . 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. For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. The failure to stop is usually viewed as the more serious of the two. Failing to provide drivers identity carries 6 penalty points on your licence and up to 1000 fine. 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. . 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. If you have received a Notice of Intended Prosecution and would like further information, please get in touch by sending me a message, contacting me on 07843 018747 or 0115 784 0382, or by email . Once police have received written confirmation from the driver, it is the drivers' choice to either accept: Nothing less than wilfulness or recklessness would suffice. Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. 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. 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. Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. We frequently get asked about going to court for speeding offence, this depends on each individual case. What Happens Next After Notice Of Prosecution? - Slater A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. 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 fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. The law relating to tachographs falls into two categories: The rules governing the mechanical operation of tachographs are set out in EEC Regulation 3821/85 and that covering the hours permitted are set out in Regulation (EC) 561/2006. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. 0. Much will depend on the nature of the error and any explanation given by the defendant. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. Disobeying traffic signs. This isn't straightforward and needs to be heavily evidenced. Rob Skinner of our Criminal Department considers the importance of time limits in relation to motoring offences. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence The 14-day requirement only applies to the first NIP sent. note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert's statement is incorrect, inconclusive or misleading. 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. 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. 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. If an offence has been recorded . Although a NIP must be received within 14 days of the alleged offence, this statutory time limit does not apply to a section 172 demand. The offences under section 12(3) and 14(3) of the Drugs Act 2005. 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). 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. 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. Arrangements will then be made for the court to be informed about this. . However, a recent High Court case has offered some very useful clarity on the issue of time limits. I've received a Notice of Intended Prosecution Section 172 Notice. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. Sometimes a similar document called a 'postal requisition' arrives instead. Therefore, any person using a Segway on a road will be driving otherwise than in accordance with a driving licence. What is the penalty for speeding or running a red-light? The driver must be given notice in writing specifying the reason for the prohibition and its duration. 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. This may be by direct notification to the relevant police process office for transmission to the court or CPS office, and may include a written acknowledgement given to the person making production, which can be produced at court. 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. Failure to provide the information will result in court proceedings for that failure. There is no time limit for subsequent requests or reminders. 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. Speeding: 'I can't be prosecuted - there's a postal strike!', by Tim If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. 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. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. Speeding Fines, Tickets And Penalties Explained - Which? Many factors must be taken into consideration before the court even begins to consider exercising that discretion. Legal aid Scotland may be able to help in your case, one of our lawyers will . 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). The vehicle caught speeding . At its most basic level it is a vehicle which can be propelled by mechanical means. 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. speeding) The time & date of offence. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. In the great majority of cases the offence will fall within the second of these provisions. Your appeal may mean that the police send a report to the procurator fiscal. If you have received a notice of intended prosecution you may be wondering what it is, read on. Can I reject a speeding ticket after 14 days? | The Sun 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.