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. In R v Mooney [1997] Crim LR 137) the defendant pleaded guilty but then successfully argued that there was no evidence to prove the previous disqualification; on appeal it was held that the court should have taken into account the admission of previous disqualification implicit in his guilty plea. Failure to provide these details may amount to an offence for which a prosecution could be pursued. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. Where there is a conviction for careless driving the lesser offence of failing to conform should be preserved at least until the chance of a reversal of the careless driving conviction has passed. 08 October 2018 Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. 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. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. (b) the condition of the vehicle, When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. It is a matter for police investigation. There are circumstances where you may not have received the NIP within 14 . 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. . Where did it happen? The prohibition may be applied for a specified period, or without limitation of time. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. There is a clear public interest in prosecuting offenders. The registered keeper of a vehicle has a legal obligation to provide details of who was driving at the time of an alleged motoring offence. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. If the requirement to provide this information is not complied with, a . Further guidance can be found in Wilkinsons Road Offences (29th Edition Chapter 10). Making enquiries does not extend the 28 day time limit as stated on the NIP. 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. either orally or in writing at the time the offence was committed. National legislation must, wherever possible, be constructed to conform with community law. 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. 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. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. The letter is asking me to provide details of the driver of the vehicle. I was . 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 either case, so long as it arrives at the relevant address within the time limit the notice is valid. The offence of driving whilst disqualified, although a summary offence, can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - s.40 (3)(c) Criminal Justice 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. by serving the defendant with a summons within 14 days of the offence; or. Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. 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. You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . As a general rule, if you're caught travelling in excess of 45% . If this happens you'll have the chance to challenge the case against you. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . See also Restoration of Summary Offences after Trial on Indictment, below in this section. 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. If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. 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. Under s.145 RTA 1988 the policy must be issued by an authorised insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road in Great Britain, i.e. However, if a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. However, since that offence is summary, if a defendant has been charged with other either way or indictable offences, then charging an offence under s.3 Forgery and Counterfeiting Act 1981(which is either way) is likely to be more appropriate. 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. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. There was no proper notice of the speed limit. If it is issued to you after the incident, it must be done within 14 days. 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. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. The offence under section 1 of the Theft Act 1968, but only if it is the prosecutor's case that the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates Courts Act 1980. 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. These are referred to as disqualification of persons under age. 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. 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. 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, . The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. In computing the limitation period the day on which the offence was committed is not included. 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. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. In deciding whether to rely on the extended time limit, the prosecutor should ensure that he/she is able to ascertain the date on which sufficient evidence to warrant proceedings came to the knowledge of a police officer investigating the incident, since this is a requirement of the procedure. 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. This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit.