You have been summoned to attend court for either not having one or more documents, as required, for using a motor vehicle on a road (or public place). Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). 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. All staff, including agents, and magistrates who deal with motoring cases should receive training so that they may be aware of the terms of this protocol. 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. 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. A - A S172 Notice is a legal document, and failure to respond is an offence which can result in prosecution through the courts where the penalty is 6 points on your driving licence and a fine. The offences under sections 55 and 56 of the British Transport Commission Act 1949. 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. There is no time limit for subsequent requests or reminders. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). Failure to provide these details may amount to an offence for which a prosecution could be pursued. Neither is a 'special reason' a defence to the charge. If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. The law (Section 1 of the Road Traffic Offenders Act 1988) requires that, for a person to be convicted of certain road traffic offences, he or she must. Proceedings cease to be specified if a magistrates' court begins to receive evidence in those proceedings other than evidence that is: Proceedings for an offence mentioned in the Schedule are not specified if the defendant is charged under s.37(7)(d) Police and Criminal Evidence Act 1984 (PACE 1984) or the defendant is less than 16 years old at the time when a summons or requisition is issued in respect of the offence - S.3(1A and B) Prosecution of Offences Act 1985. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. The offences arising by contravention of Regulations 3(9)(a) (involving a pedal cycle) and 3(9)(b) and 4(27), (28) and (30) of the Royal and Other Open Spaces Regulations 1997. Know your possible technical defences to protect your licence. There are circumstances where you may not have received the NIP within 14 . The offence under section 91 of the Criminal Justice Act 1967. (2) The general nature of the offence is . Therefore, any person using a Segway on a road will be driving otherwise than in accordance with a driving licence. As far as alerting persons to any alleged offence, notice can be given by different means. Offences against traffic signs and police signals are dealt with in Sections 35, 36, 37 and 163 of the Road Traffic Act 1988. If the document is not listed, proceedings under regulation 7 of the Road Vehicles (Registration and Licensing) Regulations 1971 for exhibiting on a vehicle anything which could be mistaken for a licence may be considered. It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. from 2-196 to 2-221 for a full commentary. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Contravening a traffic signal. 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. 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. 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. . The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. 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. Help us to improve our website;let us know
They are capable of speeds up to 12 mph. 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. The Notice must be sent to the registered keeper to arrive within 14 days of the offence. Current timestamp: 03/03/2023 00:55:41 . In essence the Notice of Intended Prosecution is a document that specifies the nature of the offence and the time and place it is alleged to have been committed. 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. received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). 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. Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. 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. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. If the requirement to provide this information is not complied with, a . either orally or in writing at the time the offence was committed. Offences are either way, punishable by way of fine in the Magistrates' Court or by imprisonment (maximum two years) in the Crown Court. GOV.UK is the place to find 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. 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. This isn't straightforward and needs to be heavily evidenced. What is the charge? July 19, 2019. Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. 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 definition of "served . It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. R. 16; and Olakunori v DPP [1998] C.O.D. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. McCombe LJ said, delivering the judgment of the court: if the restriction is rendered ineffective by the operation of s.148 then the policy is to be read, as it seems to me, as if that restriction was treated as deleted in blue pencil from its wording.. In computing the limitation period the day on which the offence was committed is not included. received in proceedings held in the absence of the accused - s.11(1) MCA 1980 proof in absence; read out before the court under s.12(7) MCA 1980 (non-appearance of accused: plea of guilty); or. In Skills Motor Coaches Ltd, Farmer, Burley and Denman (Case C-297/99), the European Court of Justice held that time spent on activities having a bearing on driving, such as time spent reaching the pick-up point for a tachograph vehicle, would affect his state of tiredness and must be regarded as forming part of 'all other periods of work' within Article 15 of Regulation No. Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? 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. Production of driving documents at the police station in the first instance must be encouraged. There will be occasions where although the offence under section 22A is made out, the charging of one of the less serious offences listed above will be more appropriate. 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. Further a motorist who fails to produce the documents may commit an offence by their non- production. But usually charges under RTA 1988 and VERA 1994 should be preferred unless a defendant has committed a series of offences on a substantial scale for personal gain. A prominent notice should also accompany any summons alleging the document offences. There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. 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. National legislation must, wherever possible, be constructed to conform with community law. The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 specifies proceedings for the offences set out in the Schedule (see Annex B) for the purposes of s.3 Prosecution of Offences Act 1985 if those proceedings are commenced by the prosecution so as to give an opportunity of pleading guilty by post under s.12 Magistrates' Courts Act 1980 (MCA 1980). The offence is equally serious, whether "use" or "causing or permitting" is involved. Fourthly and finally, the application of any statutory exemptions must be considered. 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. We represent drivers throughout Scotland. The burden of establishing an exemption under the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 rests on the defendant on a balance of probabilities - Gaunt and Another vNelson [1987] RTR 1. 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. 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. Uninsured drivers pose a substantial risk to other road users. The letter is asking me to provide details of the driver of the vehicle. 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. This might, for example be a driving licence or certificate of insurance. A. Magistrates & Crown Court Trials. 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. The vehicle caught speeding . 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 . Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). CPS and court staff are not trained in the detection of fraud. Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. The offence under section 49 of the Fire and Rescue Services Act 2004. Notice in writing to that effect must be given to the driver of the vehicle. 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. The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. Age prohibitions on driving are set out in s.101 RTA 1988. Notice of Intended Prosecution lawyers. There must be evidence upon which a Court can properly infer that an employer gave a positive mandate or some other sufficient act to "cause" the offence to occur. When dealing with offences specifically relating to the use of forged documents contrary to s.173(1) RTA or s.44 VERA, the document concerned must be one of those listed within the relevant section.
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