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Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. Notice in writing to that effect must be given to the driver of the vehicle. A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. This is a summary offence; Section 115(1) Road Traffic Regulation Act 1984 - the misuse of parking documents by, for example, lending a ticket issued by a parking meter to another person. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. You can check whether . The prosecution should not seek to secure convictions on both. GOV.UK is the place to find News. A taxi driver who had a licence to ply for hire in Rossendale and whose insurance covered him for the carriage of passengers for hire or reward under a public hire licence was not guilty of having no insurance in spite of plying for hire in Oldham, to which his licence did not extend. Where a substantial proportion of a company's operating records for a given period have been the subject of falsification and management are involved, it is almost always the proper course to recommend that the case should be dealt with on indictment. Service of a notice at the last known address of the accused will suffice for good service. A Notice of Intended Prosecution must be served on the vehicle's DVLA registered keeper within 14 days after the date of the alleged offence. 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 . 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 . 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. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). It is alleged a speeding offence took place on 14/07/2017. The definition of "served . Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. Contravening a traffic signal. No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). Assessment of the role played by each person in the company/operator in the case of large scale prosecutions; Whether there has been systematic flouting of the law resulting in widespread falsification of records endorsed by management. The letter is asking me to provide details of the driver of the vehicle. 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 above cases expanded upon the methods of proof outlined in R v Derwentside Justices ex parte Heaviside in particular allowing the prosecution to rely on similarity of name, date of birth and address. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. Notice of Intended Prosecution. 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. The production of driving documents at police stations will be enhanced if all agencies co-operate and fairly and firmly abide by the terms and spirit of this protocol. 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. You could face prosecution when you fail to respond and provide all the required information. 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. So what exactly is a written NIP? All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. 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. The time limit for a written warning is 14 days from the date of the offence. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. The offence under section 5 of the Public Order Act 1986. It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. 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 must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. The offence under section 1(1) of the Criminal Damage Act 1971, but only if it is the prosecutor's case that (a) the offence was not committed by destroying or damaging property by fire; and (b) the value involved, within the meaning of Schedule 2 to the Magistrates Courts Act 1980, does not exceed 5,000. There are circumstances where you may not have received the NIP within 14 . 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. A warning as to increased costs should also be given, where appropriate. It is a matter for police investigation. I cannot prove this ( I do have a couple of texts I sent around the time stating . Many factors must be taken into consideration before the court even begins to consider exercising that discretion. The offence is equally serious, whether "use" or "causing or permitting" is involved. There is no time limit for subsequent requests or reminders. 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. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. Your lease company will receive the ticket. You should note however, that the production to the police of these documents now will not be a defence to any prosecution for failing to produce the documents within seven days of the date of the original request. CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. Neither is a 'special reason' a defence to the charge. If this happens you'll have the chance to challenge the case against you. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 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. Motoring Offences and the Importance of Time Limits. . 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. Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. 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. We can help. If you have received a notice of intended prosecution you may be wondering what it is, read on. Know your possible technical defences to protect your licence. There was no proper notice of the speed limit. Care should also be taken to ensure that sufficient charges are put to enable the gravity of the offence to be reflected in the sentencing process. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. In the great majority of cases the offence will fall within the second of these provisions. If time permits, you will be asked to return to court on the same day for your case to be completed. A. Totting Up Penalty Points. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. 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. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. 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. 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. 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. Management Personal Responsibility. If you don't send the police the driver's details within the time they state then . 0. 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. 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. 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. 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 will normally be accompanied with a requirement to provide the details of the driver of the vehicle. 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. 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. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. 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.