Speeding fines: top tips on UK speeding tickets and how to appeal them Speeding | South Wales Police Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". 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. 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). 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. 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. You'll need to return this within 28 days, to tell the police who was driving . 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. 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). If time permits, you will be asked to return to court on the same day for your case to be completed. Start now. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. National legislation must, wherever possible, be constructed to conform with community law. There was no proper notice of the speed limit. 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. This might, for example be a driving licence or certificate of insurance. It does not mean the driver has 24 hours within which to report the collision. For speeds significantly more excessive than the limit, penalty points and a fine will be issued. What is the penalty for speeding or running a red-light? 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 offence under section 5 of the Public Order Act 1986. For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. Here's everything you need to know and if you receive a Notice of Intended Prosecution. The same considerations will thus apply. 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. 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. 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. The offences under section 12(3) and 14(3) of the Drugs Act 2005. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. The time limit for service . 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. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. Uninsured drivers pose a substantial risk to other road users. Notice Of Intended Prosecution: What Next? | Caddick Davies This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. 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. If the Police do not comply with the rules and time limits, they cannot prosecute. Time Limits and Single Justice Procedure Notices (SJPN) 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. Legal Process, Loopholes & Time Limits. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. 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. It is ultimately a matter of fact and degree for the court to decide. 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. 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. Notice of intended prosecution - FightBack Forums - PePiPoo 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. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. 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. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. by serving the defendant with a summons within 14 days of the offence; or. Subsection (3) makes it an offence for the keeper to fail to comply. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). DPP v Hay [2005] EWHC Admin 1395 - Where a defendant is charged with driving otherwise than in accordance with a licence and driving without insurance, and the Crown have proved that the defendant was driving a vehicle on the road, the non-issue by the police of form HO/RT/1 (requesting production of the documents) is not fatal to the prosecution case. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). In. 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). 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. The use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. See. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. Other legal requirements relate to construction and use, and to lighting. The driver must be given notice in writing specifying the reason for the prohibition and its duration. Furthermore, considerable time will have elapsed since the alleged commission of the offences. 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". Self-balancing Personal Transporters can be used on private property with the permission of the landowner. Notice of intended prosecution loopholes and how they can backfire 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. Proceedings for an offence mentioned in the Schedule also cease to be specified if a magistrates court indicates that it is considering imposing a custodial sentence for the offence. 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. 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. It is no defence that the driver failed to see the sign. However, a recent High Court case has offered some very useful clarity on the issue of time limits. Such alternative verdicts are permitted in relation to the summary offences of: Alternative verdicts under sections 4(1), 5(1)(a), 7(6), 4(2), 5(1)(b) or 29 RTA 1988 may be returned as appropriate, despite the fact that the six month time limit for those offences are likely to have lapsed. The general time limit for injury litigation is three years, with multiple exceptions and special cases. Plus, a document called a Section 172 notice. 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). Speeding: 'I can't be prosecuted - there's a postal strike!', by Tim Management Personal Responsibility. 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. I was driving a company vehicle Open or Close The registered keeper of a vehicle has a legal obligation under section 172 of the Road Traffic Act 1988 to provide the identity of the driver at the time of an alleged offence. 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. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. Notice of Intended Prosecution (NIP) Time Limits - Kang & Co Even if you believe the S172 Notice does not relate to yourself, you MUST reply, this fulfils your legal obligation and allows the Police to further . . Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. The offence under section 91 of the Criminal Justice Act 1967. Federal Register :: Expansion of Induction of Buprenorphine via The time limit for a written warning is 14 days from the date of the offence. The offence under section 12 of the Licensing Act 1872. 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. 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. 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. Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. Road Traffic Offenders Act 1988 - Legislation.gov.uk If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. 0. But usually charges under RTA 1988 and VERA 1994 should be preferred unless a defendant has committed a series of offences on a substantial scale for personal gain. GoSafe - Caught Speeding My Notice of Intended Prosecution was issued to me after the 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. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. Notice of intended prosecution and offence | West Yorkshire Safety If the vehicle is a company car, the police will send the first notice to . The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. Khrushchev We Will Take America Without Firing A Shot, Articles N
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notice of intended prosecution time limit

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notice of intended prosecution time limit

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. 14 July 2015 at 5:34PM. 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. The following factors should be considered in prosecutions relating to drivers' hours, breaches or falsifications: Procedure where No Documents are Produced at a Police Station and Summonses for Apparent Offences are Issued, Defendants Attempting to Produce Documents at Court for the First Time, Notice To Persons Summonsed To Court For Either Not Having Or Failing To Produce To The Police Any Relevant Documents For The Use Of A Motor Vehicle On A Road Or Public Place, SCHEDULE 1 - OFFENCES PROCEEDINGS SPECIFIED BY ARTICLE 3(1). . Some 'routine' prosecutions, for example under the Construction and Use Regulations and related provisions of the Road Traffic Act (RTA) 1988, may have special significance for the traffic commissioners when dealing with licensing applications from heavy goods vehicle operators. 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. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. This power to prohibit the driving of UK passenger and goods vehicles rectifies the previous anomaly whereby only the driving of foreign registered vehicles could be prohibited by virtue of the provisions of the Road Traffic (Foreign Vehicles) Act 1972. It requires the keeper to provide the police with the name of the person who was driving the vehicle at the time of the alleged motoring offence. Basically a Notice of Intended Prosecution has to be given to you verbally at the time of the alleged offence, or in writing within 14 days, but see below. Speeding fines: top tips on UK speeding tickets and how to appeal them Speeding | South Wales Police Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". 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. 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). 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. 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. You'll need to return this within 28 days, to tell the police who was driving . 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. 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). If time permits, you will be asked to return to court on the same day for your case to be completed. Start now. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. National legislation must, wherever possible, be constructed to conform with community law. There was no proper notice of the speed limit. 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. This might, for example be a driving licence or certificate of insurance. It does not mean the driver has 24 hours within which to report the collision. For speeds significantly more excessive than the limit, penalty points and a fine will be issued. What is the penalty for speeding or running a red-light? 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 offence under section 5 of the Public Order Act 1986. For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. Here's everything you need to know and if you receive a Notice of Intended Prosecution. The same considerations will thus apply. 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. 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. 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. The offences under section 12(3) and 14(3) of the Drugs Act 2005. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. The time limit for service . 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. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. Uninsured drivers pose a substantial risk to other road users. Notice Of Intended Prosecution: What Next? | Caddick Davies This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. 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. If the Police do not comply with the rules and time limits, they cannot prosecute. Time Limits and Single Justice Procedure Notices (SJPN) 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. Legal Process, Loopholes & Time Limits. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. 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. It is ultimately a matter of fact and degree for the court to decide. 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. 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. Notice of intended prosecution - FightBack Forums - PePiPoo 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. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. 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. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. by serving the defendant with a summons within 14 days of the offence; or. Subsection (3) makes it an offence for the keeper to fail to comply. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). DPP v Hay [2005] EWHC Admin 1395 - Where a defendant is charged with driving otherwise than in accordance with a licence and driving without insurance, and the Crown have proved that the defendant was driving a vehicle on the road, the non-issue by the police of form HO/RT/1 (requesting production of the documents) is not fatal to the prosecution case. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). In. 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). 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. The use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. See. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. Other legal requirements relate to construction and use, and to lighting. The driver must be given notice in writing specifying the reason for the prohibition and its duration. Furthermore, considerable time will have elapsed since the alleged commission of the offences. 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". Self-balancing Personal Transporters can be used on private property with the permission of the landowner. Notice of intended prosecution loopholes and how they can backfire 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. Proceedings for an offence mentioned in the Schedule also cease to be specified if a magistrates court indicates that it is considering imposing a custodial sentence for the offence. 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. 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. It is no defence that the driver failed to see the sign. However, a recent High Court case has offered some very useful clarity on the issue of time limits. Such alternative verdicts are permitted in relation to the summary offences of: Alternative verdicts under sections 4(1), 5(1)(a), 7(6), 4(2), 5(1)(b) or 29 RTA 1988 may be returned as appropriate, despite the fact that the six month time limit for those offences are likely to have lapsed. The general time limit for injury litigation is three years, with multiple exceptions and special cases. Plus, a document called a Section 172 notice. 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). Speeding: 'I can't be prosecuted - there's a postal strike!', by Tim Management Personal Responsibility. 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. I was driving a company vehicle Open or Close The registered keeper of a vehicle has a legal obligation under section 172 of the Road Traffic Act 1988 to provide the identity of the driver at the time of an alleged offence. 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. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. Notice of Intended Prosecution (NIP) Time Limits - Kang & Co Even if you believe the S172 Notice does not relate to yourself, you MUST reply, this fulfils your legal obligation and allows the Police to further . . Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. The offence under section 91 of the Criminal Justice Act 1967. Federal Register :: Expansion of Induction of Buprenorphine via The time limit for a written warning is 14 days from the date of the offence. The offence under section 12 of the Licensing Act 1872. 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. 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. 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. Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. Road Traffic Offenders Act 1988 - Legislation.gov.uk If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. 0. But usually charges under RTA 1988 and VERA 1994 should be preferred unless a defendant has committed a series of offences on a substantial scale for personal gain. GoSafe - Caught Speeding My Notice of Intended Prosecution was issued to me after the 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. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. Notice of intended prosecution and offence | West Yorkshire Safety If the vehicle is a company car, the police will send the first notice to . The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e.

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