It is a matter for police investigation. 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. This power to prohibit the driving of UK passenger and goods vehicles rectifies the previous anomaly whereby only the driving of foreign registered vehicles could be prohibited by virtue of the provisions of the Road Traffic (Foreign Vehicles) Act 1972. 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. 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. Legal aid Scotland may be able to help in your case, one of our lawyers will . However, a recent High Court case has offered some very useful clarity on the issue of time limits. 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. Notice of intended prosecution. The Crown Prosecution Service 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. You'll need to return this within 28 days, to tell the police who was driving . 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 . 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 can be done by way of a summons served on the offender within 14 days of commission of the offence or by a notice of intended prosecution (NIP). 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 this case the appellant appealed by way of case stated against a decision that the prosecutor's certificate issued under the Computer Misuse Act 1990 was conclusive and that he could not argue that the prosecution was out of time. The statute of limitations for injuries to children only starts at the eighteenth birthday. 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. 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. No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). A NIP will often be followed by a 'summons' which is a document that literally summon s the keeper of a vehicle or the driver to court. Laying an information within the six months' time limit before deciding whether or not to prosecute may result in the proceedings being stayed as an abuse of process; see. 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. Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. 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 minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. Should a defendant attempt to produce documents at court for the first time following a previous request for their production at a police station and it can be shown that the defendant was notified that production should initially have been made at the nominated police station, local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds to deal with any outstanding summonses. GOV.UK is the place to find This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 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. A. . (c) the number of persons that the vehicle carries, 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 prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. The prohibition may be applied for a specified period, or without limitation of time. The offence under section 5 of the Public Order Act 1986. The NIP must be served on the registered keeper of the vehicle within 14 days of the offence otherwise the offence can't proceed to court. Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. Motorists, who have been unable to produce their driving documents on demand, following a lawful request by a police officer, should produce them for inspection within the required statutory period at a police station of their choice. 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. 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. There are no time limits on subsequent NIPs but there is an overall time limit of six months for a prosecution to begin. NIPs can also be issued . The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads". 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 . Posting the notice within 14 days will . It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. This may be by direct notification to the relevant police process office for transmission to the court or CPS office, and may include a written acknowledgement given to the person making production, which can be produced at court. In such circumstances the prosecution need to decide which is the more appropriate charge. There are circumstances where you may not have received the NIP within 14 . A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. whether or not it was the driver's intention to drive any further; the road and traffic conditions at the relevant time; and. It is ultimately a matter of fact and degree for the court to decide. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. Under s.143(1)(a) RTA 1988 "a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person a policy of insurance ". Using a mobile phone whilst driving. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. Furthermore, considerable time will have elapsed since the alleged commission of the offences. 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. 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. . The driver will then receive a notice of intended prosecution in his/her own name. See also the decision in R v J F Alford Transport Ltd [1997] Crim LR 745 in which the Court of Appeal held that a secondary offender had to intend to do the acts which he knew to be capable of assisting or encouraging the commission of the crime, but that it was not necessary that he should have intended the crime to be committed. However, the Divisional Court held that the purported restriction fell within s.148(2)(e) and was therefore void. Age prohibitions on driving are set out in s.101 RTA 1988. This guidance assists our prosecutors when they are making decisions about cases. Where a summons or requisition has been issued in respect of an offence mentioned in Parts 1 and 2 of the Schedule, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless the defendant is also served with a statement of facts and written statement/s. 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. If this happens you'll have the chance to challenge the case against you. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. 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. It should state the nature of the offence (for example Speeding) together with the time, date and place . 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. 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. This should be done with the approval of the court and in order to assist in determining the question of disqualification. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. 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. 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. 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. 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). 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. 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. 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. This will be sent to the registered keeper within 14 days of the offence. The offence under section 11 of the Fireworks Act 2003. In that event the case should not proceed unless the defence agrees to waive the point. . 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. In Cantabrica Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286, the Divisional Court held that: Tachograph charts and other documents can be obtained in many different ways, for example: Care should be taken in checking the power by which police officers obtained the documents. Here's everything you need to know and if you receive a Notice of Intended Prosecution. The prosecution should not seek to secure convictions on both. As self-balancing scooters are mechanically propelled they require registration and a vehicle registration licence (tax disc). 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. . 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? '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. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. The 14-day requirement only applies to the first NIP sent. You must do this in writing. It was held that a tachograph chart that had been falsified came within section 9(1)(g) of the Act when a record was being made during a period when there wrongly purported to be a second driver who was driving, when in fact there was only one driver at the wheel. We are only a phone call away. What is the charge? The point must also be borne in mind if it is intended at a later date to add further charges. In particular s.6 RTOA 1988 provides a special time limit for offences listed in Column 3, Schedule 1 RTOA 1988, and for aiding and abetting those offences. Your Enquiry Details: (required) However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. (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. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. It does not mean the driver has 24 hours within which to report the collision. 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. be warned at the time that he might be prosecuted for an offence, or, be served with a summons . 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. 1503 & 1507. The 'prosecutor' for the purposes of section 6 can be the investigating officer or the informant (see [1976] 140 JP Jo., 675; Swan v Vehicle Inspectorate [1997] RTR 187. Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. 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.