The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). 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. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. Therefore, any person using a Segway on a road will be driving otherwise than in accordance with a driving licence. The driver must be given notice in writing specifying the reason for the prohibition and its duration. The offences under section 12(3) and 14(3) of the Drugs Act 2005. 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. Police across England and Wales will send out many . Driver Identity Section 172 (S172) of the Road Traffic Act 1988. A. Magistrates & Crown Court Trials. 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. 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. The European Community Rules as set out in EEC Regulations 561/2006 and 3821/85; The domestic law contained in Part VI (sections 95 -103) of the Transport Act 1968 (TA 1968). 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. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the 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. evidence of a person who was present in court when the defendant was convicted on an earlier occasion and able to identify him as present in court. whether or not it was the driver's intention to drive any further; the road and traffic conditions at the relevant time; and. The time limit applies to the notice of intended prosecution. There must be evidence upon which a Court can properly infer that an employer gave a positive mandate or some other sufficient act to "cause" the offence to occur. If you don't send the police the driver's details within the time they state then . Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. 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. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. third party insurance. A mechanical defect of which the driver was unaware, may amount to a defence (see R v Spurge [1961] 2 All ER 688), as will the loss of control over the vehicle due to circumstances beyond the control of the driver (see Burns v Bidder [1966] 3 All ER 29). It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. R. 16; and Olakunori v DPP [1998] C.O.D. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. 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. Section 127 MCA 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise. The effect is that the duty of the Director of Public Prosecutions to take over the conduct of all criminal proceedings instituted on behalf of a police force will not include a duty to take over specified proceedings. 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 was held that the court could not go behind the prosecutor's certificate save where the certificate was inaccurate on its face or in cases of fraud. Plus, a document called a Section 172 notice. We represent drivers throughout Scotland. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. 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. David Barton. 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. The Section 172 notice will ask you to identify the driver of your car during the alleged offence. 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. 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 Reminder normally includes a copy of the original Notice in case you mislaid that or did not . (g) the carrying on the vehicle of any particular apparatus, or 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. 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. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). 08 October 2018 The offences under sections 3 , 17(2) , 18(3) , 24(3) , 26(1) and (2) , 29 , 31(1) , 35 , 42(b) , 47(1) , 87(2) , 143 , 163 , 164(6) and (9) , 165(3) and (6) , 168 , 170 and 172(3) RTA 1988. 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. What happens after a notice of intended prosecution? Many road traffic offences are minor in nature. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. 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). In Skills Motor Coaches Ltd, Farmer, Burley and Denman (Case C-297/99), the European Court of Justice held that time spent on activities having a bearing on driving, such as time spent reaching the pick-up point for a tachograph vehicle, would affect his state of tiredness and must be regarded as forming part of 'all other periods of work' within Article 15 of Regulation No. 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. The offence under section 12 of the Licensing Act 1872. Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. These offences are directed at either the driver or the employer. The police will then be able to check your documents and note the fact that you have produced them. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. The failure to stop is usually viewed as the more serious of the two. Here's everything you need to know and if you receive a Notice of Intended Prosecution. 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). As far as alerting persons to any alleged offence, notice can be given by different means. 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. Where a person is convicted of an offence involving obligatory disqualification the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified. Section 2(3) RTOA 1988 provides that a failure to meet the requirements shall not prevent conviction where the court is satisfied that: R v R [2012] EWCA Crim 2887 was an appeal against a terminating ruling that the requirements of s.1(1) RTOA 1988 were a bar to conviction on a count alleging that the respondent drove a motorbike dangerously. The onus is on the prosecution to establish that a particular location is a "road" or a "public place". I was . Keep your fingers crossed. The letter is asking me to provide details of the driver of the vehicle. A. . It is no defence that the defendant did not think he was driving on a public road. A taxi driver who had a licence to ply for hire in Rossendale and whose insurance covered him for the carriage of passengers for hire or reward under a public hire licence was not guilty of having no insurance in spite of plying for hire in Oldham, to which his licence did not extend. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. When deciding whether to restore a summary offence, the following points should be borne in mind: Nevertheless, there will be circumstances where the restoration of a summary offence, usually for excess alcohol, will be appropriate if, for example, each of the factors listed above are outweighed by factors which favour prosecution in a particular case. This is not the case so far as the employers or persons in authority are concerned. It does not mean the driver has 24 hours within which to report the collision. 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. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. 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. A. Totting Up Penalty Points. Uninsured drivers pose a substantial risk to other road users. Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. 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. 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 police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. 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). 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. The issue can be raised at any relevant stage of the proceedings or be decided as a preliminary point. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. 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". In. It is alleged a speeding offence took place on 14/07/2017. A circumstance peculiar to the offender, as distinguished from the offence, is not a special reason: see Whittall v Kirby [1946] 2 All ER 552. 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). This may involve having the case stood down (or adjourned) while this production is made. 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. 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]. 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. Dear Camera and Tickets office, Notice of Intended Prosecution: 0353050313275720 I write to acknowledge receipt of your Notice of Intended Prosecution above-referenced dated 06/08/2021, which mentions the alleged offence dated 26/06/2021 and . Mutual recognition of driving disqualifications between the United Kingdom and Republic of Ireland came into force on 28 January 2010. . 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. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. See also Restoration of Summary Offences after Trial on Indictment, below in this section. 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. Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert's statement is incorrect, inconclusive or misleading. If the document is not listed, proceedings under regulation 7 of the Road Vehicles (Registration and Licensing) Regulations 1971 for exhibiting on a vehicle anything which could be mistaken for a licence may be considered. 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. These offences are triable either way and punishable with a maximum of two years' imprisonment on indictment. This should inform the recipient that not only should the relevant documents, if they exist, be sent or handed to the court as required in the summons, but that before that date, the documents must firstly be produced at a police station for inspection and validation and for the police to note relevant details. 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. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. the nature of the special reason and the evidence (including expert evidence) required to rebut it; what evidence can be properly served under section 9 CJA 1967 and. This is a summary offence. 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. This should be done with the approval of the court and in order to assist in determining the question of disqualification. The offence under section 91 of the Criminal Justice Act 1967. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Using a mobile phone whilst driving. This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. National legislation must, wherever possible, be constructed to conform with community law. 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. 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. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. 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). . (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. 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. 102 Petty France, In either case, so long as it arrives at the relevant address within the time limit the . 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. However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. 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 . Such a certificate is deemed under sub-section (4) to have been so signed unless the contrary is proved. The offence under section 49 of the Fire and Rescue Services Act 2004. As a general rule, if you're caught travelling in excess of 45% . Contravening a traffic signal. 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. 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). In cases of the unauthorised taking of mechanically propelled vehicles, delay can often occur due to the gathering of forensic evidence where the offence is denied. GOV.UK is the place to find It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. Failure to provide the information will result in court proceedings for that failure. Case Study: Speeding . At its most basic level it is a vehicle which can be propelled by mechanical means. Motoring Offences and the Importance of Time Limits. We can help. They are capable of speeds up to 12 mph. A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment. 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.