The legal loophole you can use to avoid paying a speeding fine 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. Section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway); Section 131(2) Highways Act 1980 (obliterating or pulling down a traffic sign). 1 (1) Where section 1, 6, 11 or 12 (1) of this Act is shown in column 3 of this Schedule against a provision of the M1 Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision. You may get 6 penalty points on your licence and a 1000 fine . etc. 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). The summons may also allege that you failed to produce one or more of these or other documents as required by law following a request by the police. The prosecution should not seek to secure convictions on both. . In cases prosecuted on indictment under sections 1, 2, 3A and 22A RTA 1988 it will be usual for related summary offences to be adjourned sine die, or for there to be a lengthy period of remand, in order to await the outcome of the trial at the Crown Court. Police and fiscal warnings, fixed penalty notices and compensation In interview, the defendant conceded that he could be the rider. It is ultimately a matter of fact and degree for the court to decide. Should any defendant refuse to co-operate with the above procedure, not guilty pleas should be noted, and the case adjourned for trial or review. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). In computing the limitation period the day on which the offence was committed is not included. Speeding | South Wales Police 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). 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. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. . These include: Failing to comply with a traffic sign. My Notice of Intended Prosecution was issued to me after the Going to Court for Speeding Offence | Motoring Offence Solicitors A warning as to increased costs should also be given, where appropriate. As a result, if an insurance policy contains a restriction (for example) that the driver must be aged over 21, that restriction may be void and a person aged under 21 who would otherwise have been covered to drive the vehicle may not be guilty of driving without insurance. Notice of intended prosecution. Although a NIP must be received within 14 days of the alleged offence, this statutory time limit does not apply to a section 172 demand. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. 14 July 2015 at 5:34PM. . A. . Speeding fines: top tips on UK speeding tickets and how to appeal them The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. The use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. The statute of limitations for injuries to children only starts at the eighteenth birthday. 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 . 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. If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. Other legal requirements relate to construction and use, and to lighting. By post - Speed Enforcement Unit, PO Box 213, Bristol, BS20 1DR; There are no time limits on subsequent NIPs but there is an overall time limit of six months for a prosecution to begin. MET Portal - Metropolitan Police The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. 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. The definition of "served . what you think by taking our short survey, Reality TV star Stephen Bear has been sentenced to 21 months imprisonment today for voyeurism and two counts of, A Chelsea supporter has been banned from football for three years for a racially aggravated public order offence, The CPS has authorised the @metpoliceuk to charge Constance Marten and Mark Gordon with gross negligence manslau, Coming up in the next edition of our community newsletter: 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. 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. It is a matter for police investigation. If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. In Cantabria Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286 the court took account of the need to ensure effective checking. 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. The same considerations will thus apply. If an offence has been recorded . The vehicle caught speeding . Speeding penalties - GOV.UK You can check whether . driving after making a false declaration as to physical fitness (section 92(10)); failing to notify Secretary of State of onset or deterioration of disability (section 94(3)); driving after refusal of licence under section 92 or 93 (section 94A); failure to surrender licence following revocation (section 99); obtaining driving licence, or driving, whilst disqualified (section 103(1)); using an uninsured motor vehicle (section 143); making a false statement to obtain a driving licence or certificate of insurance (section 174); section 244 RTA 1960 (re offences under section 235 RTA 1960 and section 99(5) Transport Act 1968); section 47(2) VERA 1994 (re offences under sections 29, 34, 35A, 37 or regulations made under the Act); section 73 Public Passenger Vehicles Act 1982 (re offences under sections 65 or 66 of the Act). What happens after a notice of intended prosecution? 56 Posts. How to appeal a speeding fine | Parkers Notice of Intended Prosecution (NIP) - Graham Walker Solicitors Self-balancing Personal Transporters can be used on private property with the permission of the landowner. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. Making enquiries does not extend the 28 day time limit as stated on the NIP. Start now. Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. 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. . 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 . The offence under section 12 of the Licensing Act 1872. Road Traffic Offenders Act 1988 - Legislation.gov.uk A sample notice is attached at Annex A below. What is a notice of intended prosecution (NIP)? - DAS Law 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. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. Court Summons For Speeding: What Are Your Next Steps? Notice of Intended Prosecution. Motoring Offences and the Importance of Time Limits. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. such proceedings must be properly recorded and the police informed; no action should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim; Prosecutors must be alive to the sophistication of fraudulently produced material. (d) the weight or physical characteristics of the goods that the vehicle carries, 14 July 2015 at 5:34PM. 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. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. 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. 102 Petty France, A statutory defence is provided by section 143(3) RTA in relation to a driver who unwittingly drives his employer's uninsured vehicle. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. The Exception The prosecution is not required to serve a notice within 14 days if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which . Following such a demand, no motorist who has not produced his or her driving documents at a police station should produce them to a court in answer to a charge or summons without having previously produced them at a police station for inspection. 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.