It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. It is usually not appropriate to challenge the decision as it involves the exercise of discretion as the Administrative (Divisional) Court is unlikely to interfere if all relevant matters were properly considered. A prominent notice should also accompany any summons alleging the document offences. It is not necessary for the information to be personally received by a justice or by the clerk. 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. Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). Your co-operation is therefore in your own interests. (b) the condition of the vehicle, Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). Section 97(1) TA 1968 which is summary only, prohibits the use of a vehicle to which the TA 1968 applies in which "recording equipment" as stipulated in the Community Recording Equipment Regulations 3821/85 has either not been fitted or has not been appropriately repaired. 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. Making enquiries does not extend the 28 day time limit as stated on the NIP. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. 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. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). 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 time limit for a written warning is 14 days from the date of the offence. The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. 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 either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. 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. 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. No notice is required if a full or provisional fixed penalty notice has been given or fixed (under the Provisions of the Road Traffic Offenders Act 1988) or if there is an accident involving the vehicle in question (of which the driver is aware). Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert's statement is incorrect, inconclusive or misleading. Age prohibitions on driving are set out in s.101 RTA 1988. If the notice was served late without a good reason then you can't be prosecuted anyway. Where agreeable, and in the absence of any grounds for suspicion, it may be possible to agree (such agreement to include that of the defendant) the use of a facsimile copy or the documents to be sent to an agreed police station for verification and recording to take place while the case is stood down temporarily. 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. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. (e) the time at which or the areas within which the vehicle is used, Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. As far as management responsibility is concerned subsection (5) of the act says that where a director or senior manager of the company caused or connived with the failure to identify the driver, that person is also guilty. Additionally, the user would need a driving licence and motor insurance. CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. Much will depend on the nature of the error and any explanation given by the defendant. A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. For reasons, see DPP v O'Connor [1992] RTR 66. Where a defendant raises exceptional hardship as a reason for not being disqualified under the repeated offence provisions of s.35 RTOA 1988 it is appropriate for the prosecutor to question the defendant. Arrangements will then be made for the court to be informed about this. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. NIPs can also be issued . If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first. If you were exceeding the speed limit by a great deal, you could receive a ban. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. 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. 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. 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). Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. Zholia Alemi forged N, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies, Code for Crown Prosecutors - Public Interest Considerations, Restoration of Summary Offences after Trial on Indictment, Self-balancing Personal Transporters - Segway etc, Driving/Obtaining a Driving Licence Whilst Disqualified, Charging Practice - Forgery and False Information, etc, Offences in Contravention of the Regulations - s.96, Falsification of Driver's Hours and Records - s.99(5), Power to Prohibit the Driving of UK Vehicles - Section 99A, Tachograph Cases and Public Interest Criteria, Annex A: National Protocol for the Production and Inspection of Driving Documents, Annex B: Specified Proceedings (Offences), Road Traffic - Drug and Drink Driving Offences, The prosecution of traffic offences is vital to the enforcement and promotion of road safety and the protection of the public, and. Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. In that event the case should not proceed unless the defence agrees to waive the point. Plus, a document called a Section 172 notice. London, SW1H 9EA. Failing to provide drivers identity carries 6 penalty points on your licence and up to 1000 fine. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. If the requirement to provide this information is not complied with, a . 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. Police officers had recovered a DVD that had footage of a motorbike ride. 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. 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. In either case, so long as it arrives at the relevant address within the time limit the . A. Totting Up Penalty Points. Production of driving documents at the police station in the first instance must be encouraged. 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. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. 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. In the . . A Notice of Intended Prosecution is simply notice from the Police that an offence has been recorded and that they intend to prosecute the person responsible. You may get 6 penalty points on your licence and a 1000 fine . A sample notice is attached at Annex A below. It should state the nature of the offence (for example Speeding) together with the time, date and place . Notice of intended prosecution. 14 July 2015 at 5:34PM. DPP v Hay [2005] EWHC Admin 1395 - Where a defendant is charged with driving otherwise than in accordance with a licence and driving without insurance, and the Crown have proved that the defendant was driving a vehicle on the road, the non-issue by the police of form HO/RT/1 (requesting production of the documents) is not fatal to the prosecution case. 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 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. If you've been caught by a policeman operating a radar . A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. 102 Petty France, In either case, so long as it arrives at the relevant address within the time limit the notice is valid. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. Neither is a 'special reason' a defence to the charge. 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. As far as alerting persons to any alleged offence, notice can be given by different means. If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. 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 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). If the prosecution is taken by surprise by the issue, an application to adjourn to call a witness can be made - see R on the application of. The driver of the vehicle has failed to comply with a requirement made under s.99(1) TA 1968; or, The driver has obstructed an officer exercising his powers under s.99(2) TA 1968 or s.99(3) TA1968; or, It appears to an officer that in relation to the vehicle or its driver there has been (or will be, if the vehicle is driven on a road) a contravention of s.96 TA1968 to s.98 TA 1968 or of the applicable Community rules; or. 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. Many road traffic offences are purely summary and in most cases proceedings are taken by way of the laying of an information and the issue of a summons. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. As self-balancing scooters are mechanically propelled they require registration and a vehicle registration licence (tax disc). In such circumstances the prosecution need to decide which is the more appropriate charge. Keep your fingers crossed. When the prosecutor considers instituting proceedings within the extended time limit period, reasons for the delay and any degree of responsibility borne by the offender should be taken into account. I cannot prove this ( I do have a couple of texts I sent around the time stating . The prohibition may be applied for a specified period, or without limitation of time. Dear Camera and Tickets office, Notice of Intended Prosecution: 0353050313275720 I write to acknowledge receipt of your Notice of Intended Prosecution above-referenced dated 06/08/2021, which mentions the alleged offence dated 26/06/2021 and . 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. The driver must be given notice in writing specifying the reason for the prohibition and its duration. Notice of Intended Prosecution lawyers. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. 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. I unexpectedly received a letter from the police who at the time intended to prosecute me for driving an electric scooter without insurance, and without a license. If you don't send the police the driver's details within the time they state then . 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. 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. This penalty notice is called a Notice of Intended Prosecution (NIP). If you have received a notice of intended prosecution you may be wondering what it is, read on. 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 prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. evidence of a person who was present in court when the defendant was convicted on an earlier occasion and able to identify him as present in court. (g) the carrying on the vehicle of any particular apparatus, or 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.