We can help. In relation to s172, in general most police forces prosecute the company and not the Directors for failing to identify the driver as this leads to a conviction and fine without any effort. (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. On 22nd November 2017 a Notice of Intended Prosecution/Section 172 request was sent to Mr Brown that was dated 22nd November 2017 by Royal . It is no defence that the defendant did not think he was driving on a public road. 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. 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. 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. The Crown Prosecution Service 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. For speeds significantly more excessive than the limit, penalty points and a fine will be issued. The Notice of Intended Prosecution time limit of 28 days can incur harsh penalties of a fine up to 1,000 and six penalty points on a driver's licence if not dealt with inside the 28 day time constraints. 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. If you have received a notice of intended prosecution you may be wondering what it is, read on. 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. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. Such a warning is normally known as a "notice of intended prosecution", or NIP. As far as alerting persons to any alleged offence, notice can be given by different means. The Section 172 notice will ask you to identify the driver of your car during the alleged offence. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. (f) the horsepower or cylinder capacity or value of the vehicle, Under section 6(3) a certificate signed by or on behalf of the prosecutor, stating the date on which the necessary evidence came to his knowledge is conclusive evidence of that fact. You could face prosecution when you fail to respond and provide all the required information. A warning as to increased costs should also be given, where appropriate. 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. You must do this in writing. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. . Where an officer took the records away with him, the rules of natural justice permitted an operator to take copies of the records before they were removed, save in circumstances where, for example, the operator became obstructive or for some other reason that made it impracticable. Insurance cover is required for the use of a vehicle on a road or a public place. . The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. If you fail to comply within the statutory 28-day period to return the notice, you will be liable to prosecution and receive six penalty points, in addition to a fine of up to 1,000. 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. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. received in proceedings held in the absence of the accused - s.11(1) MCA 1980 proof in absence; read out before the court under s.12(7) MCA 1980 (non-appearance of accused: plea of guilty); or. 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. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. 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. The offence under section 80 of the Explosives Act 1875. It is enough that it is received by a member of his staff impliedly authorised to receive it. 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. I cannot prove this ( I do have a couple of texts I sent around the time stating . Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. 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 vehicle caught speeding . Very exceptionally, a prosecutor may feel it appropriate to verify documents, but: Sections 173 and 174 RTA 1988 and sections 44 and 45 Vehicle Excise and Registration Act 1994 (VERA 1994) create a number of offences concerning forgery, fraudulent actions and false statements in connection with various road traffic documents. 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 vehicle is a company car, the police will send the first notice to . A. Magistrates & Crown Court Trials. 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. As a general rule, if you're caught travelling in excess of 45% . Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. The driver must be given notice in writing specifying the reason for the prohibition and its duration. It is a mitigating or extenuating circumstance which is directly connected with the commission of the offence and which can properly be taken into consideration by the sentencing court. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. 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). Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. This guidance assists our prosecutors when they are making decisions about cases. Learn more here . 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. The exceptions include: Section 24 RTOA 1988 (as amended by the Road Safety Act 2006) allows a court which has returned a verdict of 'not guilty' to certain either way and summary offences, to convict for a specified alternative offence, provided that the content of the information or indictment amounts to an allegation of such an offence. 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. 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. Service of a notice at the last known address of the accused will suffice for good service. In that event the case should not proceed unless the defence agrees to waive the point. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. (b) the condition of the vehicle, Much will depend on the nature of the error and any explanation given by the defendant. Under s.96(11)(b) TA 1968 liability also falls upon "any other person (being that driver's employer or a person to whose order the driver was subject) who caused or permitted the contravention". Your lease company will receive the ticket. See. In computing the limitation period the day on which the offence was committed is not included. Furthermore, considerable time will have elapsed since the alleged commission of the offences. Copyright Roadtrafficlaw.com Solicitors Ltd (c), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window). The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). 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. 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. 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. Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. Case Study: Speeding . In R v Derwentside Justices ex parte Swift, R v Sunderland Justices ex parte Bate [1997] RTR 89 a section 9 statement was admitted in evidence from a constable who stated that he knew the defendant and had been present when he had been convicted and disqualified for two years on a previous occasion. Failing to respond within the statutory time limit of 28 days can result in further prosecution, six penalty points and a fine of up to 1000, . This is not the case so far as the employers or persons in authority are concerned. The offences under sections 55 and 56 of the British Transport Commission Act 1949. Posting the notice within 14 days will . Police officers had recovered a DVD that had footage of a motorbike ride. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. 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. 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. See also Restoration of Summary Offences after Trial on Indictment, below in this section. . You can check whether . You'll need to return this within 28 days, to tell the police who was driving . If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. In Cantabria Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286 the court took account of the need to ensure effective checking. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. 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). . The following points need to be borne in mind: The six-month time limit applies to most summary road traffic offences, but statutory exceptions do occur. No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). In. Further a motorist who fails to produce the documents may commit an offence by their non- production. 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. I've received a Notice of Intended Prosecution Section 172 Notice. 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". . The time limit for a written warning is 14 days from the date of the offence. 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 was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). There is no time limit for subsequent requests or reminders. 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. 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. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. 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. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. 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. The offence under section 49 of the Fire and Rescue Services Act 2004. 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. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. Many road traffic offences are minor in nature. To assist victims in any future claim for compensation, a written record should be kept of all relevant details about the driving documents produced to the police. 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. 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. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. Because self-balancing Personal Transporters do not meet the relevant requirements for use on UK roads, and because there is no separate legislation here for public road use by non-EC type-approved vehicles, they cannot be registered and licensed for use on a public road. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. 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). 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. At its most basic level it is a vehicle which can be propelled by mechanical means. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. You must respond to a Notice of Intended Prosecution within 28 days of receiving it. 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. If a charge under s.2 RTA 1988 is sent to trial on indictment, the issue is for the trial court, unless the prosecutor decides that there has been a fatal non-compliance with the requirement. Typically, you can expect to receive a notice of intended prosecution on the spot by the police after an alleged driving offence or via the post. 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. Any person who aids and abets, counsels or procures the making of such a false record can be charged under s.8 Accessories and Abettors Act 1861. 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). Bail should be considered for the period of any adjournment and the defendant encouraged to produce the relevant documents in the meantime. Your Enquiry Details: (required) In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. Motorists will be encouraged to obtain proper documentation before driving a motor vehicle on the road, thereby increasing the safety of other road users. 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. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . 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. . Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. 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. . Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. In such circumstances the prosecution need to decide which is the more appropriate charge. 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. 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. 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. R. 16; and Olakunori v DPP [1998] C.O.D. 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. If necessary, the case should be adjourned for validation to be carried out by the police. 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. Keep your fingers crossed. The Notice must be sent to the registered keeper to arrive within 14 days of the offence. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. If you have received a Notice of Intended Prosecution and would like further information, please get in touch by sending me a message, contacting me on 07843 018747 or 0115 784 0382, or by email . If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. 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.
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