A Notice of Intended Prosecution will be issued to the offender in the post automatically after you've been snapped by a speed camera. The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin [1981] RTR 416 it was said to be a definable right of way between two points. They are capable of speeds up to 12 mph. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). 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. A special reason is one which is special to the facts of a particular offence. 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. . The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. 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). 14 July 2015 at 5:34PM. 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 . A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers If the notice was served late without a good reason then you can't be prosecuted anyway. There was no proper notice of the speed limit. 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. This means that where an insurance policy purports to impose a restriction based on any of the matters listed above, that restriction is of no effect and the policy should be read as if the words containing the restriction had been struck out. . 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. Section 170(2) RTA 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The time limit for a written warning is 14 days from the date of the offence. In interview, the defendant conceded that he could be the rider. 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'. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. NIPs can also be issued . This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. The police will then be able to check your documents and note the fact that you have produced them. The European Community Rules as set out in EEC Regulations 561/2006 and 3821/85; The domestic law contained in Part VI (sections 95 -103) of the Transport Act 1968 (TA 1968). The 14-Day Rule for Notices of Intended Prosecution - Loophole or This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. 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. You may have heard that if you get a speeding ticket through the post more than 14 . There are circumstances where you may not have received the NIP within 14 . If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. A copy should be provided to all parties and to the court. It is no defence that the defendant did not think he was driving on a public road. In such circumstances the prosecution need to decide which is the more appropriate charge. The requirement is to provide those details within 28 days. 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. Speeding Fines, Tickets And Penalties Explained - Which? You'll need to return this within 28 days, to tell the police who was driving . Many road traffic offences are minor in nature. 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). These include: Failing to comply with a traffic sign. Notice of intended prosecution. The Notice of Intended Prosecution time limit of 28 days can incur harsh penalties of a fine up to 1,000 and six penalty points on a driver's licence if not dealt with inside the 28 day time constraints. 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. Proper and more efficient enforcement of the law relating to driving documents, and sanctions for failure to obtain or produce them as required, and the deterrence or detection of fraud, will improve public confidence in the criminal justice system. If necessary, the case should be adjourned for validation to be carried out by the police. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. The offence under section 91 of the Criminal Justice Act 1967. The offence under section 49 of the Fire and Rescue Services Act 2004. Our specialist lawyers have years of experience having dealt with 100s of cases with a high success rate. Careless driving. Speeding fines: top tips on UK speeding tickets and how to appeal them 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). However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. 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. Making enquiries does not extend the 28 day time limit as stated on the NIP. Difference between a NIP (notice of intended prosecution) and a Section 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. 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 (NIP) / Requirement for Driver details (172) must be completed and returned within 28 days of the date on the form. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. 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. However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. 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. "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. There is no time limit for subsequent requests or reminders. 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. 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. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. Notice of Intended Prosecution and the 14 day Time Limit 08 October 2018 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. It should, however, be remembered that the driver is the 'person at the wheel; Falsification of records usually takes place to enable more journeys to be undertaken than would be possible during lawful working hours, thereby jeopardising road safety. The defendant contributed to that failure by his or her own conduct. It can include both electrically and steam powered vehicles. These offences are triable either way and punishable with a maximum of two years' imprisonment on indictment. 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. Self-balancing scooters such as Segways, mini Segways, Hoverboards and single wheel electric skateboards) may not be driven on a pavement in England and Wales. Subsection (4) provides a defence if the Keeper shows that he did not know who the driver was and could not have found out by using reasonable diligence. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. The offence under section 1 of the Theft Act 1968, but only if it is the prosecutor's case that the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates Courts Act 1980. 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.