The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. Further a motorist who fails to produce the documents may commit an offence by their non- production. It is not necessary for the information to be personally received by a justice or by the clerk. This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. pursuant to section 6 Road Traffic Offenders Act 1988. there was sufficient evidence in my opinion to warrant proceedings against: pursuant to the provisions of section 6 of the said Act. Motorists will be encouraged to obtain proper documentation before driving a motor vehicle on the road, thereby increasing the safety of other road users. You'll need to return this within 28 days, to tell the police who was driving . However, if a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. It was held that the court could not go behind the prosecutor's certificate save where the certificate was inaccurate on its face or in cases of fraud. an admission under s.10 Criminal Justice Act 1967; fingerprint evidence pursuant to s.39 Criminal Justice Act 1948; and. Proof of disqualification is essential. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. Legal aid Scotland may be able to help in your case, one of our lawyers will . By post - Speed Enforcement Unit, PO Box 213, Bristol, BS20 1DR; This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. As a general rule, if you're caught travelling in excess of 45% . A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. This may involve having the case stood down (or adjourned) while this production is made. R. 16; and Olakunori v DPP [1998] C.O.D. 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. If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. 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). such proceedings must be properly recorded and the police informed; no action should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim; Prosecutors must be alive to the sophistication of fraudulently produced material. 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 is not possible for you to have your driving documents checked at court. Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period. 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. 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. The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. 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. London, SW1H 9EA. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. We are only a phone call away. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. 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. There is a clear public interest in prosecuting offenders. 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. (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. (2) The general nature of the offence is . Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. 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. 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. 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. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. If you receive a summons or postal requisition or Notice of Intended Prosecution in relation to a motoring offence, it is important to know whether the Police have complied with . Note that the 6 month time limit in section 99(6) has no effect on the either way time limit and refers only to charts actually seized under this specific power, not to charts removed under the statutory powers. 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. 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. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. Such a warning is normally known as a "notice of intended prosecution", or NIP. If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. 0. But if an intent to deceive can be proved an either way offence under s.97AA TA1968 or s.99(5) TA 1988 should be preferred instead. In the Gidden case the High Court had to decide whether a notice of intended prosecution should be regarded as having been properly served where the notice was sent by first class ordinary post on a date that would normally lead to it being delivered within the 14-day time limit but where the court was satisfied that it was in fact delivered . But where a disqualified person has had his driving licence returned in error by the DVLA, the prosecution should take that fact into account in deciding whether or not to proceed. Posting the notice within 14 days will . Offences against traffic signs and police signals are dealt with in Sections 35, 36, 37 and 163 of the Road Traffic Act 1988. This protocol recognises that motorists are required to produce driving documents to police officers following a lawful demand and that the documents may be produced at a nominated police station. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. It can include both electrically and steam powered vehicles. Not only does the offence appear to cover a situation where the seals have been physically altered or tampered with, but also the use of a correctly manufactured and correctly placed seal where it can be proved that the mere use of the seal is accompanied by an intention to deceive. 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. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. Learn more here . It is enough that it is received by a member of his staff impliedly authorised to receive it. 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). It should state the nature of the offence (for example Speeding) together with the time, date and place . You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . 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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? 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 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. A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment. 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 police must serve the notice on either the driver or the registered keeper. Liability falls upon any person who 'uses or causes or permits to be used'. Police across England and Wales will send out many . Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. Contravening a traffic signal. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. The vehicle caught speeding . The offence under section 12 of the Licensing Act 1872. The police will then be able to check your documents and note the fact that you have produced them. The time limit for a written warning is 14 days from the date of the offence. Please note, if the notice is sent to you by post, it should contain the following details: The details of the driving offence (e.g. It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. Even when you weren't the driver at the time, you must provide the police with the driver's details. In Vehicle Inspectorate v Nuttall [1999] Crim LR 674, the House of Lords held that the Community rules placed a responsibility on employers to use tachograph records to prevent contraventions and to promote road safety. whether or not it was the driver's intention to drive any further; the road and traffic conditions at the relevant time; and. A mechanical defect of which the driver was unaware, may amount to a defence (see R v Spurge [1961] 2 All ER 688), as will the loss of control over the vehicle due to circumstances beyond the control of the driver (see Burns v Bidder [1966] 3 All ER 29). Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . The driver will then receive a notice of intended prosecution in his/her own name. (d) the weight or physical characteristics of the goods that the vehicle carries, 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. The offence under section 11 of the Fireworks Act 2003. Much will depend on the nature of the error and any explanation given by the defendant. Section 96(11) TA 1968 creates offences for breach of the domestic drivers' hours code, while s.96(11)(A) TA 1968 creates offences for breaches of the European Community Regulations. 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. Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. However, the appeal was allowed on the basis that the certificate was invalid as it did not state the date when the prosecutor had sufficient evidence to warrant the proceedings. Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". . Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. 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. Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance. speeding) The time & date of offence. 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 failure to stop is usually viewed as the more serious of the two. Current timestamp: 02/03/2023 01:38:55 . . Your co-operation is therefore in your own interests. The requirement is to provide those details within 28 days. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. 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. The use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. The time limit for service of the NIP is a very important aspect of a succesful prosecution therefore if there has been a delay you should get in touch with a solicitor and obtain case specific advice. An analogy can be drawn from the case of DPP v Hay where it was held that once the prosecution has proved that the defendant drove the motor vehicle on a road, it is then for the defendant to show that he held a driving licence and that there was in force an appropriate policy of insurance, since these are matters that are peculiarly within his knowledge. Where the police do not speak to you personally at the time, they can put this warning on paper and send it to you within 14 days. either orally or in writing at the time the offence was committed. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. CPS and court staff are not trained in the detection of fraud. Under s.145 RTA 1988 the policy must be issued by an authorised insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road in Great Britain, i.e. In computing the limitation period the day on which the offence was committed is not included. 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 . If this happens you'll have the chance to challenge the case against you. 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). (f) the horsepower or cylinder capacity or value of the vehicle, Production of driving documents at the police station in the first instance must be encouraged. 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. 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. It is regularly updated to reflect changes in law and practice. 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. 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. At its most basic level it is a vehicle which can be propelled by mechanical means. Courts should be aware of the opportunity to proceed in the defendant's absence thereafter if either a satisfactory production is made, or the defendant does not cooperate and fails to return. 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.
