Once police have received written confirmation from the driver, it is the drivers' choice to either accept: It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. Even if you believe the S172 Notice does not relate to yourself, you MUST reply, this fulfils your legal obligation and allows the Police to further . Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. In the . Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. 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. I've received a Notice of Intended Prosecution Section 172 Notice. 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. If a charge under s.2 RTA 1988 is sent to trial on indictment, the issue is for the trial court, unless the prosecutor decides that there has been a fatal non-compliance with the requirement. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. 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. 1 of 2000 sub nom R v J T, Times LR 28 November 2000, [2001] 1 WLR 331, [2001] Crim LR 127), against a decision to acquit on the basis that the provision of a false tachograph record did not constitute forgery contrary to the Forgery and Counterfeiting Act 1981, section 1 and section 9. There are four categories: Thirdly, it must be established whether the vehicle concerned is a goods vehicle, or passenger vehicle as distinct provisions apply. 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). The 14-day requirement only applies to the first NIP sent. (c) the number of persons that the vehicle carries, Police officers had recovered a DVD that had footage of a motorbike ride. 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. If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. Such a warning is normally known as a "notice of intended prosecution", or NIP. 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 driver will then receive a notice of intended prosecution in his/her own name. Police across England and Wales will send out many . Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. Service of a notice at the last known address of the accused will suffice for good service. Careless driving. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. 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. It is no defence that the defendant did not think he was driving on a public road. This guidance is provided to provide an overview on procedure and charging practice that is not dealt with in the existing road traffic guidance being. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. There is no direct binding authority on the definition of a 'false chart', but it is suggested that the following elements should be present: See also the decision of the Court of Appeal in R v Bishirgian, Howeson and Hardy [1936] 1 All ER 586 at page 591 and R v Osman, Mills and Chalker 09/01/93 (unreported, but copy of judgement held at HQ Library). The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. What is the charge? 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. Typically, you can expect to receive a notice of intended prosecution on the spot by the police after an alleged driving offence or via the post. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. The following points need to be borne in mind: The six-month time limit applies to most summary road traffic offences, but statutory exceptions do occur. . The time limit for service . 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. Under section 6(3) a certificate signed by or on behalf of the prosecutor, stating the date on which the necessary evidence came to his knowledge is conclusive evidence of that fact. Mutual recognition of driving disqualifications between the United Kingdom and Republic of Ireland came into force on 28 January 2010. Failure to specify the date will lead to proceedings being terminated: see David Burwell v DPP [2009] EWHC 1069 (Admin). If such a course is adopted, the reasons should be made clear to the Magistrates' Court. The offence under section 5 of the Public Order Act 1986. Any person who drives a vehicle subject to such a prohibition, or who causes or permits it to be driven, or who fails to comply with a direction to remove the vehicle to a specified place, commits a summary offence punishable by a level 5 fine. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Subsection (3) makes it an offence for the keeper to fail to comply. However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. The point must also be borne in mind if it is intended at a later date to add further charges. Despite the fact that offences involving falsification of charts have been both investigated and prosecuted as forgeries under the 1981 Act for many years, a combination of this decision and the Osman case demonstrates beyond doubt that false charts can constitute false instruments under that Act. Current timestamp: 03/03/2023 00:55:41 . 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. Dangerous driving. (2) The general nature of the offence is . For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. 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 . For further commentary see (Wilkinson's 6.01). The Notice must be sent to the registered keeper to arrive within 14 days of the offence. July 19, 2019. 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. Many road traffic offences are minor in nature. (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. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. In the great majority of cases the offence will fall within the second of these provisions. 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. Notice of Intended Prosecution lawyers. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. 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. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required documents, therefore local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds. Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. 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 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. The requires the keeper of the vehicle to identify the driver. It can include both electrically and steam powered vehicles. 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. 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). government's services and It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. The offence under section 80 of the Explosives Act 1875. The notice should also state that production for verification cannot be made at court and that any attempt to do so will result in expense and delay for that person as the court will still require their prior production at the nominated (or locally agreed) police station. 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. All agencies should be alive to these cases in the interests of justice and respond as required, but no actions should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim. A. Totting Up Penalty Points. 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 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. If time permits, you will be asked to return to court on the same day for your case to be completed. 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. News. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. 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. As self-balancing scooters are mechanically propelled they require registration and a vehicle registration licence (tax disc). R. 16; and Olakunori v DPP [1998] C.O.D. Attempting to or producing any document with intent to deceive may result in severe penalties. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. On appeal, the court did not accept that a prosecution could not proceed because of a lack of warning of prosecution where police become aware of the offence after 14 days had passed. . Current timestamp: 02/03/2023 01:38:55 . SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. There was no proper notice of the speed limit. They must provide the details of the driver at the time of the alleged offence. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. App. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. It is no defence that the driver failed to see the sign. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. 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 Notice of Intended Prosecution, although issued in terms of Section 1 of the Road Traffic Offenders Act 1988, is often accompanied by a request to confirm the identity of the driver at the time it is alleged a road traffic offence has been committed. Sometimes a similar document called a 'postal requisition' arrives instead. speeding) The time & date of offence. Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. Where special reasons are put forward in cases of drink and driving, the court must consider the following factors, see Chatters v Burke [1986] 3 All ER 168: In DPP v Bristow [1998] RTR 100 the Divisional Court stated that the key question justices should ask themselves when assessing if such special reasons existed on which they might decide not to disqualify was this: what would a sober, reasonable and responsible friend of the defendant, present at the time, but himself a non-driver and thus unable to help, have advised in the circumstances, to drive or not to drive? 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. 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. 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 . 0. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. When deciding whether to restore a summary offence, the following points should be borne in mind: Nevertheless, there will be circumstances where the restoration of a summary offence, usually for excess alcohol, will be appropriate if, for example, each of the factors listed above are outweighed by factors which favour prosecution in a particular case. You should note however, that the production to the police of these documents now will not be a defence to any prosecution for failing to produce the documents within seven days of the date of the original request. The offence under section 12 of the Criminal Justice and Police Act 2001. (b) the condition of the vehicle, it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. Know your possible technical defences to protect your licence. The National Protocol for Production and Inspection of Driving Documents 2002, see Annex A below, provides guidance on production of such documents. whether or not it was the driver's intention to drive any further; the road and traffic conditions at the relevant time; and. Plus, a document called a Section 172 notice. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. 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). A. 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. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. These are referred to as disqualification of persons under age. 1968, so that proceedings relating to the unauthorised taking of a mechanically propelled vehicle may be commenced at any time within six months from the date on which sufficient evidence to bring a prosecution came to the knowledge of the prosecutor. They are normally sent out when there is about 7 days of the original time limit remaining. The offence under section 87(1) of the Environmental Protection Act 1990. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . You may get 6 penalty points on your licence and a 1000 fine . 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. The offence under section 49 of the Fire and Rescue Services Act 2004. from 2-196 to 2-221 for a full commentary. . 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. The offence under section 1(1) of the Criminal Damage Act 1971, but only if it is the prosecutor's case that (a) the offence was not committed by destroying or damaging property by fire; and (b) the value involved, within the meaning of Schedule 2 to the Magistrates Courts Act 1980, does not exceed 5,000. This may involve having the case stood down (or adjourned) while this production is made. Any person who aids and abets, counsels or procures the making of such a false record can be charged under s.8 Accessories and Abettors Act 1861. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. This might, for example be a driving licence or certificate of insurance. Management Personal Responsibility. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. 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. etc. Each case must be considered on its own facts to determine whether or not s148 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. It is not necessary for the information to be personally received by a justice or by the clerk. The Vehicle Excise and Registration Act 1994 (VERA) requires a mechanically propelled vehicle used or kept on a public road to be registered and licensed. 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. . 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. it was clear that in requiring the production of records the Community legislature took account of the need to ensure effective checking; while there was no express power to require the coach operator to hand over tachograph records to the Vehicle Inspectorate, the operator was nevertheless required to produce and hand over such records on demand if such a request was made to him; it was within the discretion of the authorised officer whether he chose to inspect the records at the operator's premises or take them away for more thorough and detailed analysis; the authorised officer should also permit the operator to take copies of any record he proposed to remove from the operator's premises. See also Restoration of Summary Offences after Trial on Indictment, below in this section. 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. You must do this in writing. 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). For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. 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. 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. 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. 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. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. 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. . Uninsured drivers pose a substantial risk to other road users. Age prohibitions on driving are set out in s.101 RTA 1988. 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. For a detailed explanation of the consequences of prosecution and your options for defending a speeding charge, get in touch which our expert road traffic solicitors today. Bail should be considered for the period of any adjournment and the defendant encouraged to produce the relevant documents in the meantime. If you do not receive it within 14 days, any prosecution may be considered invalid. When determining the public interest in prosecuting minor road traffic offences, it must be borne in mind that: Public interest factors which relate to particular offences will be dealt with below. If the Police do not comply with the rules and time limits, they cannot prosecute. 14 July 2015 at 5:34PM. Your Enquiry Details: (required) 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. 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. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required driving documents to a police officer on demand or at a nominated police station. You have 28 days to appeal your recorded police warning. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! What is the penalty for speeding or running a red-light? 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. 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. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. 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. The offence under section 91 of the Criminal Justice Act 1967. Because of the restrictive provisions of s.40 Criminal Justice Act 1988 it will frequently be the case that when the Crown Court trial for a driving offence has been concluded, there will still be outstanding connected summary offences. If you don't send the police the driver's details within the time they state then . 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. Contravening a traffic signal. 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. 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. 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. . 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. A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under s.87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so.