The onus is on the prosecution to establish that a particular location is a "road" or a "public place". 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. Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. However, to establish this defence, it is not sufficient for the defendant merely to show that the breaking or removal of the seal could not have been avoided by himself; he must show that the breaking or removal of the seal could not have been avoided in itself (Vehicle Inspectorate v Sam Anderson (Newhouse) Ltd [2002] RTR 13). Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. 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. . The time limit for service . 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). Notice of intended prosecution loopholes and how they can backfire 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. Speeding in Scotland | The Road Traffic Lawyer Whilst the Community Rules (EC Regulations) apply throughout the EC, the legislation which makes it an offence to breach those regulations differs from country to country. Speeding offences | Northamptonshire Police This notice should be sent to the registered keeper within 14 days of when the speeding offence took place. It is a matter for police investigation. See. Under s.97AA TA1968 a person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 applies, shall be guilty of an offence. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. They must provide the details of the driver at the time of the alleged offence. London, SW1H 9EA. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. 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. (b) the condition of the vehicle, There is a clear public interest in prosecuting offenders. There are no time limits on subsequent NIPs but there is an overall time limit of six months for a prosecution to begin. 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. Notice of Intended Prosecution lawyers. Start now. Court Summons For Speeding: What Are Your Next Steps? Notice of intention to prosecute MoneySavingExpert Forum NIPs to the Wrong Address - David Barton | Motorist Lawyer Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. (d) the weight or physical characteristics of the goods that the vehicle carries, The Crown Prosecution Service Failure to provide the information will result in court proceedings for that failure. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. 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 . A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road s.103 RTA 1988. In cases of the unauthorised taking of mechanically propelled vehicles, delay can often occur due to the gathering of forensic evidence where the offence is denied. (e) the time at which or the areas within which the vehicle is used, Speeding | South Wales Police Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was . Whether such a warning was given "at the time" is a question of degree and the High Court will not interfere in a Magistrates' Court finding on the point if there is evidence to support that finding. 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. 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. It is no defence for that person to say that he or she thought the disqualification had expired. When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. 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. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. 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. Questions | West Yorkshire Police (g) the carrying on the vehicle of any particular apparatus, or If the notice was served late without a good reason then you can't be prosecuted anyway. Notice Of Intended Prosecution (NIP) - Dont Disappoint Me 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 prosecution do not have to call evidence that s.1 RTOA 1988 has been complied with unless the defendant proves, on a balance of probabilities, that no effective notice was given. The same considerations will thus apply. 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. 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). When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. The issue of the defendant's conduct and any increased costs involved should be carefully considered and noted, and a departure made from the locally agreed standard costs application, where there has been an increase in prosecution costs. 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. 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. The purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory. A person disqualified under s.36 RTOA 1988 until a driving test is passed commits an offence under s.103 RTA 1988 if he or she drives whilst disqualified otherwise than in accordance with any provisional licence issued. In Vehicle Inspectorate v Blakes Chilled Distribution Ltd [2002] 166 JP Jo.118, the Administrative Court held that the intent necessary to prove vicarious liability was established where it could be proved that an employer had failed to take reasonable steps to prevent contraventions by drivers, provided that such failure was not due to honest mistake or accident. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. For many offenders their prosecution will be their only experience of criminal law enforcement. Call us on 0161 834 9494 to discuss your case. Free Legal Info | The Notice of Intended Prosecution - MaryMonsonSolicitors Many road traffic offences are minor in nature. Self-balancing Personal Transporters can be used on private property with the permission of the landowner. 102 Petty France, Periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No: 3821/85 before taking over a vehicle subject to that Regulation. 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. 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). Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). 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 . Failing To Name Driver - Section 172 Notice - Patterson Law Rob Skinner of our Criminal Department considers the importance of time limits in relation to motoring offences. 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. If time permits, you will be asked to return to court on the same day for your case to be completed. What is the charge? Notice of Intended Prosecution - What Happens Next? 2023 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. 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. There is no time limit for subsequent requests or reminders. 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 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. 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. "Intended or adapted for use on roads" is also not defined by statute and again is ultimately a matter for the court to decide based on the evidence before it. 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. 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. 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. . They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. if evidence of excess alcohol has been adduced at the Crown Court trial, it is more than likely that it will have been taken into account for the purpose of sentencing (this will obviously be so in the case of a trial for a section 3A offence); where a defendant has been convicted of an offence contrary to sections 1 or 3A RTA, a summary offence should not normally be restored if the defendant has been disqualified for a period at least as long as the obligatory period for the summary offence; the lapse of time between the date of the offence, the Crown Court trial and the likely date of hearing for the summary matters; if the defendant has been sentenced to a period of imprisonment, restoration of a summary offence will seldom be appropriate. The offence under section 80 of the Explosives Act 1875. Alternatively, you could receive a 100 fixed penalty ticket and 3 points or if the matter goes to court you could receive a maximum fine of 1000 (2500 if on a motorway) and 3 to 6 penalty points. 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. Time Limit for a NIP (Notice of Intended Prosecution)|Roadtrafficlaw 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. The offence under section 91 of the Criminal Justice Act 1967. 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. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. The point must also be borne in mind if it is intended at a later date to add further charges. This will be sent to the registered keeper within 14 days of the offence. If the keeper is uncertain who was driving their vehicle they may still guilty of an offence unless they either provide the name of the driver or . . The letter is asking me to provide details of the driver of the vehicle. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. 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). A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. For pelican/zebra crossings and puffin pedestrian crossings see the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400). This might, for example be a driving licence or certificate of insurance. 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. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. (f) the horsepower or cylinder capacity or value of the vehicle, A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. If you have received a notice of intended prosecution you may be wondering what it is, read on. The offence under section 49 of the Fire and Rescue Services Act 2004. Other legal requirements relate to construction and use, and to lighting. The notice of intended prosecution will be accompanied by a Section 172 notice, which you are required to complete to confirm the identity of the driver. 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. 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. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. A Notice of Intended Prosecution will be issued to the offender in the post automatically after you've been snapped by a speed camera. Know your possible technical defences to protect your licence. The defendant contributed to that failure by his or her own conduct. 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. 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. However, the Divisional Court held that the purported restriction fell within s.148(2)(e) and was therefore void. 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. 9/ If the S172 notice is valid (ie not sent after the time limit) or perhaps in any case, you should tell the police that you have no idea, after this length of time, who was driving. 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. 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. Liability falls upon any person who 'uses or causes or permits to be used'. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. Ben, I have received a NIP over 14 days later the offence - JustAnswer This should inform the recipient that not only should the relevant documents, if they exist, be sent or handed to the court as required in the summons, but that before that date, the documents must firstly be produced at a police station for inspection and validation and for the police to note relevant details. The vehicle caught speeding . Your appeal may mean that the police send a report to the procurator fiscal. Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. 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. Failure to provide these details may amount to an offence for which a prosecution could be pursued. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. Management Personal Responsibility. The effect is that the duty of the Director of Public Prosecutions to take over the conduct of all criminal proceedings instituted on behalf of a police force will not include a duty to take over specified proceedings. Notice of Intended Prosecution and the 14 day Time Limit It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. 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. The police should give consideration to training CPS and court staff in the methods used to produce fraudulent documents and have an agreed method of responding to any such documents that are produced in legal proceedings. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. Where a driver has obtained a policy of insurance by deception, the policy will be valid so far as liability under s.143 RTA 1988 is concerned until the insurers have taken steps to "avoid" it. Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. GOV.UK is the place to find