Most contraventions involving company vehicles result in the company being fined however there are instances where directors can also have points endorsed on their licence. . 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. No member of the Crown Prosecution Service or agent acting for them, or member of the magistrates' court staff should ordinarily be required to inspect or verify a motorist's driving documents relevant to a prosecution before the court. Where the police do not speak to you personally at the time, they can put this warning on paper and send it to you within 14 days. 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 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. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. (c) the number of persons that the vehicle carries, Where the police refer a case involving a Self-balancing Personal Transporter to the CPS, the prosecutor should, as is usual, consider the facts of the case, having regard to the licensing considerations set out above, and apply the two stages of the full code test in the Code for Crown Prosecutors when deciding whether or not a prosecution should proceed. (d) the weight or physical characteristics of the goods that the vehicle carries, If an offence has been recorded . R. 16; and Olakunori v DPP [1998] C.O.D. 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 is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. If time permits, you will be asked to return to court on the same day for your case to be completed. Section 3 (careless driving/driving without reasonable consideration), Section 22 (leaving the vehicle in a dangerous position), Sections 35 and 36 (disobeying certain traffic signs and police signals) And under the Road Traffic Regulation Act. Notice of Intended Prosecution. 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. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. Disobeying traffic signs. For those that attend court without having driving documents checked at a police station, the case is highly likely be put off so that you can take the documents to the nominated police station and have them checked there. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. 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. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. Subsection (4) provides a defence if the Keeper shows that he did not know who the driver was and could not have found out by using reasonable diligence. Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). Liability falls upon any person who 'uses or causes or permits to be used'. If the points will take you over the 12-point maximum, leading to a minimum six-month ban, you may wish to pursue a plead of 'exceptional hardship'. It is regularly updated to reflect changes in law and practice. In the great majority of cases the offence will fall within the second of these provisions. You could face prosecution when you fail to respond and provide all the required information. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. Single Justice Procedure Notice. Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. 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. 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. Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence s.2(1) Magistrates' Courts Act 1980. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required documents, therefore local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds. CPS and court staff are not trained in the detection of fraud. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. The Crown Prosecution Service A - A S172 Notice is a legal document, and failure to respond is an offence which can result in prosecution through the courts where the penalty is 6 points on your driving licence and a fine. Knowledge that an operating system was defective, and that that deficiency could lead to the commission of offences, was the only knowledge required of an employer as a basis for vicarious liability. Further guidance can be found in Wilkinsons Road Offences (29th Edition Chapter 10). They are capable of speeds up to 12 mph. Prosecutors who are dealing with a prosecution for no insurance where the case is based on the driver not meeting some condition of the insurance must be vigilant to check that the exclusion relied upon to make out the offence is not one of those avoided by s.148(2). 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. 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. . Furthermore, considerable time will have elapsed since the alleged commission of the offences. There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases: Personal transporters, such as the Segway Personal Transporter are powered by electricity and transport a passenger standing on a platform propelled on two or more wheels. 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. 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. 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. 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). . Nothing less than wilfulness or recklessness would suffice. Neither is a 'special reason' a defence to the charge. Your lease company will receive the ticket. You may have heard that if you get a speeding ticket through the post more than 14 . For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. Ordinarily, the notice should indicate that production should be made to the police station originally nominated by the driver when the request for production was first made. The Vehicle Excise and Registration Act 1994 (VERA) requires a mechanically propelled vehicle used or kept on a public road to be registered and licensed. The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. The offence under section 12 of the Licensing Act 1872. Driving or attempting to drive while unfit through drink or drugs (section 4(1) RTA), Driving or attempting to drive with excess alcohol in breath, blood or urine (section 5(1)(a) RTA), and, where the Crown Court has made specific reference to matters which it has taken into account when sentencing, the prosecution should not revive or continue with summary offences the substance of which has been reflected in such a sentence. 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, . 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. If the requirement to provide this information is not complied with, a . 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. 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. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. 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. The 14-day requirement only applies to the first NIP sent. Such a certificate is deemed under sub-section (4) to have been so signed unless the contrary is proved. Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. Each case must be considered on its own facts to determine whether or not s148 applies. 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. If the notice was served late without a good reason then you can't be prosecuted anyway. 14 July 2015 at 5:34PM. This should be done with the approval of the court and in order to assist in determining the question of disqualification. It can include both electrically and steam powered vehicles. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. 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. (f) the horsepower or cylinder capacity or value of the vehicle, Failure to specify the date will lead to proceedings being terminated: see David Burwell v DPP [2009] EWHC 1069 (Admin). A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. The driver must be given notice in writing specifying the reason for the prohibition and its duration. 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. Age prohibitions on driving are set out in s.101 RTA 1988. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). The offences under section 12(3) and 14(3) of the Drugs Act 2005. Self-balancing scooters do not currently meet the legal requirements and therefore are not legal for road use. 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. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. For many offenders their prosecution will be their only experience of criminal law enforcement. A. In Cantabria Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286 the court took account of the need to ensure effective checking. 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: it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. The defence should also give notice that they will be seeking to advance special reasons. 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 offence under section 87(1) of the Environmental Protection Act 1990. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. See also DPP v Vivier [1991] Crim LR 637, DPP v Neville [1996] 160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others [1998] 4 All ER 417. The offences under sections 55 and 56 of the British Transport Commission Act 1949. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. It is a matter for police investigation. 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. 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. The failure to stop is usually viewed as the more serious of the two. 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. I cannot prove this ( I do have a couple of texts I sent around the time stating . If you don't send the police the driver's details within the time they state then . What happens after a notice of intended prosecution? If this happens you'll have the chance to challenge the case against you. 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 . The issue of the defendant's conduct and any increased costs involved should be carefully considered and noted, and a departure made from the locally agreed standard costs application, where there has been an increase in prosecution costs. See. However, the appeal was allowed on the basis that the certificate was invalid as it did not state the date when the prosecutor had sufficient evidence to warrant the proceedings. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. 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. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. The police will then be able to check your documents and note the fact that you have produced them. You have 28 days to appeal your recorded police warning. 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). 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. 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 . 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). A prominent notice should also accompany any summons alleging the document offences. Despite the fact that offences involving falsification of charts have been both investigated and prosecuted as forgeries under the 1981 Act for many years, a combination of this decision and the Osman case demonstrates beyond doubt that false charts can constitute false instruments under that Act. 56 Posts. It's often the case that this offence exceeds the penalty for the substantive offence such as speeding that can carry three points or more. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. In Vehicle Inspectorate v Blakes Chilled Distribution Ltd [2002] 166 JP Jo.118, the Administrative Court held that the intent necessary to prove vicarious liability was established where it could be proved that an employer had failed to take reasonable steps to prevent contraventions by drivers, provided that such failure was not due to honest mistake or accident. This will be sent to the registered keeper within 14 days of the offence. 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 ". if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). Even when you weren't the driver at the time, you must provide the police with the driver's details. You may get 6 penalty points on your licence and a 1000 fine . 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. Liverlad67 Forumite. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). Driving Bans Explained. This is not the case so far as the employers or persons in authority are concerned. This notice should be sent to the registered keeper within 14 days of when the speeding offence took place. 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. Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. If the Police do not comply with the rules and time limits, they cannot prosecute. A. Insurance cover is required for the use of a vehicle on a road or a public place. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. No notice of intended prosecution was served on the respondent within 14 days of the offence that had been committed over a year before police recovered the DVD footage. Legal Process, Loopholes & Time Limits. This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). However, a recent High Court case has offered some very useful clarity on the issue of time limits. Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. Such a warning is normally known as a "notice of intended prosecution", or NIP. Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. All these offences are summary, non-endorsable and punishable with a fine at level 4, and subject to a time limit of six months from the date of the offence. If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first.